You ask questions…
From time to time, I respond to questions about social security disability that are posted on other websites. Because you may not visit those websites, I am reprinting some of those questions and answers here.
I just applied for SSD benefits. Do I need to quit my job in order to get them?
One of the most frequently asked questions I get from clients is whether they can work while they are waiting to find out if they are approved for social security disability insurance benefits (known as SSD or SSDI). The answer is a qualified yes. But there are several key things to be aware of:
1) You must not exceed monthly earnings of $1040 (this is what the Social Security Administration defines as substantial gainful activity); and
2) You should consider how your work activity will be viewed – that is, is it consistent with what you are saying about your disability? For example, if you have said that you cannot sit for longer than an hour at a time due to lumbar radiculopathy, you would not want to be employed in a sedentary job.
I received lump sum workers’ compensation benefits six years ago, but I am now disabled. Will that settlement affect my ability to obtain social security disability benefits?
The answer depends on what type of benefits you qualify for – and how much of your workers’ compensation benefits you still have in the bank. If you still have significant funds and you are applying for Supplemental Security Income (SSI), in which there are strict income and resource limitations, then yes, it could affect your eligibility. For individuals who qualify for Social Security Disability (SSD) benefits, a workers’ compensation settlement may result in a reduction in the amount of SSD you can receive each month. Workers’ compensation offset issues are complicated, so we encourage you to consult with an attorney if you have questions on this issue.
With regard to a home loan, does an underwriter have the right to demand proof that my Social Security Disability benefits are guaranteed for 2 years?
Regardless of the legality of this request, there is no way that anyone could provide this guarantee. Social Security disability is never permanent nor guaranteed. Every person’s case is reviewed (whether the individual is aware of it or not) on a regular basis to determine whether he or she still qualified for benefits. Events such as returning to work, earning over the allowable amount (currently $1040) or recovering from the disability that resulted in being approved for benefits, can result in termination of benefits.
Can a person have a medical marijuana card while trying to get SSD?
It depends on a number of factors. Even here in Oregon, where it is legal, you would want your medical providers to be aware of it and to have approved it. Additional important factors include whether you have supportive medical providers who are “acceptable medical sources” to the Social Security Administration (MD, DO, PhD, PsyD), and finally, the nature of your disabling impairments. If, for example, you suffer from chronic pain and use medical marijuana with your MD’s knowledge and support, you are far less likely to run into a problem than if you have a mental health impairment and are also using medical marijuana.
Social Security says I don’t have enough work time to qualify for disability. Is there a way around this rule?
There are two types of disability benefits: (1) SSD (also known as SSDI and Title II) which is based on your work history and which requires a certain amount of work credits; and (2) SSI (also known as Title XVI), which is for folks with either no work history or a distant work history. If you did not earn enough work credits, you cannot obtain SSD benefits. There is no way around this rule other than returning to work and earning the credits. However, you may still be eligible for SSI, depending on your income and resources.