| I'd like to talk to you about a topic that comes up | | | | your case. |
| quite a bit in my social security disability practice here | | | | Now, a couple of strategies to keep in mind about |
| in Atlanta, and the issue has to do with part-time | | | | this: the definition of disability is that you are unable |
| work. As you know, Social Security Disability is | | | | to engage in substantial gainful activity because of a |
| dealing with a lot of very, very long delays in the | | | | medically determinable condition that has lasted 12 |
| management and handling of cases. It's not | | | | consecutive months or is likely to last 12 consecutive |
| uncommon for cases to be pending in the Social | | | | months or result in death. So, I've had some cases |
| Security Administration for two or three years, | | | | where somebody might go back to work, but I'll tell |
| sometimes even longer. Of course, when you're | | | | them, if at all possible, wait until after 12 months |
| waiting two or three years to get to a hearing, it can | | | | have elapsed before going back to work. This is |
| be very tempting to try to go back to work. After | | | | because if they go back to work, let's say, in month |
| all, you have to make ends meet, right? Well, the | | | | 14, that means they were out for at least a year |
| problem is that sometimes work activity, even if it's | | | | and we could win them benefits for that time period. |
| just part-time work, can result in your claim for | | | | However, if they went back to work after 8 months |
| benefits being denied. And then you are really in | | | | of not working, the SSA is sure to deny the case |
| trouble. | | | | (since it is shown that their condition did not disable |
| As a practical matter, it's important for you to realize | | | | them for a year – as is required in order to win |
| that part-time work makes it much more difficult to | | | | benefits). In cases where the claimant was out for |
| win your social security disability case. The simplest | | | | more than a year and returned to work, however, |
| explanation would be this: the judges, when they see | | | | we argue for what is known as a "closed period of |
| part-time work, are likely to believe that if you are | | | | disability" and get that lump sum for the chunk of |
| able to do part-time work, then perhaps you would | | | | time they were out. They wouldn't get on-going |
| be able to do full-time work if your job responsibilities | | | | benefits, but at least it would give them 12 or so |
| could be slightly lessened. In simple terms, a SSA | | | | months of benefits for when they were out of |
| Judge might think that if you tried a little bit harder, | | | | work. |
| you could probably work full-time. This is just the | | | | So, I guess the big picture here is if you're thinking |
| thought process here. Or, if you're working a | | | | about going back to work or trying to work and |
| part-time job that requires a certain amount of | | | | you're represented, call your attorney and talk to him |
| physical activity, the natural thought of the Judge will | | | | or her about it. The one thing that we don't like as |
| be that if you took something a little bit less | | | | attorneys is finding out the day of the hearing that |
| strenuous, you could probably do it full-time. Then the | | | | our client has attempted to work and has earnings of |
| Judge will likely deny benefits. | | | | several thousand dollars during the last couple of |
| I really think the part-time work muddies the waters, | | | | years while the case was pending before Social |
| and I like to say that Social Security sees disability as | | | | Security. Judges have access to earnings records, |
| a black and white thing: either you're disabled or | | | | so they can see if you've tried to work and they can |
| you're not. Part-time work tends to blur that | | | | see that you were able to work. So if they see |
| distinction and, again, judges sometimes are less | | | | $20,000 or $30,000 of income during that two or |
| inclined to give you the benefit of the doubt. It's | | | | three years before the hearing, it's going to have to |
| too bad that this is how it goes, since many people | | | | be explained. And, as I said, it's very difficult to |
| rely on that part-time work to make ends meet | | | | explain away part-time work that generated |
| while they are waiting for their claim to be heard. | | | | $15,000. It's not a lot of money, but it looks like |
| Now, I will tell you that unsuccessful work attempts - | | | | regular work and it makes it much more difficult to |
| any work attempt that lasted three months or less | | | | win your disability case. |
| – may actually benefit you in a social security | | | | So, the big picture here is that there's nothing wrong |
| hearing. Judges do see unsuccessful work attempts | | | | with trying to work but, if you do, you certainly risk |
| as good evidence that you're not able to work | | | | getting your benefits. If you are thinking about going |
| full-time. So, I don't think there's a problem with | | | | to work, it's wise to consult with your attorney first |
| trying to work, but I want to warn you that once | | | | to get a sense from him or her as to whether or not |
| you get beyond three or four months on any given | | | | that's going to make it difficult for you to pursue |
| job, then it starts to look like a regular type of job, | | | | your claim for disability benefits. |
| and that's when a judge might be inclined to deny | | | | |