Ask Larry

Am I Being Set Up To Fail In Getting Disability Benefits?

i have a claim going on right now with S.S. and i have been told that i can not make anything over $1,170.00 my rent, my car and car insurance are more then that......i feel like i am being set up to fail getting my benefits that i have worked all my life for!!! am i?

Hi,

I'm sorry, but I'm afraid I don't have a good answer for you. When you file for Social Security disability benefits it takes time to gather your medical records, analyze whether or not you meet the disability guidelines, and arrange for a qualified doctor to review and sign off on any award of benefits recommended by the disability examiner. And, if you haven't already had recent medical tests performed that show the extent of your impairment(s), a consultative exam with a doctor that specializes in your impairment(s) must be scheduled. All of this takes time even without considering the backlog of claims created in part by the dwindling number of doctors who will perform consultative exams for the fee permitted by Social Security's limited budget.

One of the requirements that must be met in order to qualify for disability benefits is that you must be unable to perform substantial gainful activity (SGA). The current guideline for what is considered to be SGA is $1,170 per month, so if you earn more than that your claim can be disallowed regardless of the extent of your medical impairment. The end result is that many people with limited resources who file for disability benefits find themselves between a rock and a hard place, and short of an act of congress I'm not sure what can be done about that. If you haven't already done so, you may want to try looking into what types of public assistance programs may be available in your area.

Best, Jerry

Posted: 
Aug 27 2017 - 11:13am
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