SOCIAL SECURITY DISABILITY LAW BLOG
October 30, 2011
Can I work part-time?
“Can I work part-time without losing my disability benefits?” In my experience as a Detroit disability lawyer, I have been asked this question many times. The short answer is, “Yes.” A more complete answer is, “Yes, with certain limitations, depending on whether you are receiving Supplemental Security Income (SSI) benefits or Social Security Disability Insurance (SSDI) benefits.”
If you are receiving SSI, the first $65 you earn working part-time is all yours. After that first $65 (or $85 if you have no other income), your disability benefits will be reduced by $1 for every $2 you earn. Thus, it is possible to earn so much in part-time wages that your SSI benefits cease entirely. After a year of receiving no benefits, you will have to file a new application for benefits with the Social Security Administration. If, however, the disruption in your SSI benefits due to your earnings lasts for less than one year, then the Social Security Administration will simply restart your benefits if your earnings go down.
If you are receiving SSDI, then you may earn part-time wages up to the “substantial gainful activity” amount, without any disruption or reduction in your benefits. The Social Security Administration establishes the “substantial gainful activity amount.” In 2010, for example, it was $1,000 per month in gross income. This amount is an absolute cut-off. If you earn even $1 more than the limit, your benefits will cease after you have used up your 9-month trial work period. As a practical matter, I suggest you keep your earnings well below the substantial gainful activity amount, so that you can continue to receive your full Social Security disability benefits while you work part-time.
If you have questions about part-time work, and you would like to speak to an experienced Detroit disability lawyer, please contact me.
SOCIAL SECURITY DISABILITY LAW BLOG
October 15, 2011
Detroit disability lawyer explains when your doctor’s opinion will be given “controlling weight” by Social Security
As a Detroit disability lawyer, I help my clients present a complete medical record to the Social Security decision-maker. Medical opinion evidence often plays a crucial role in this effort. The Social Security rules and regulations provide that your treating doctor’s opinion is the most important medical opinion evidence in your case. Moreover, the Social Security decision-maker must give your doctor’s opinion “controlling weight” – that is, must adopt your doctor’s opinion as its own – if the following criteria are met:
- The opinion comes from an “aceptable medical source.” Social Security recognizes the following medical professionals as “acceptable medical sources”: physicians (medical or osteopathic doctors); psychologists; podiatrists; optometrists; and qualified speech-language pathologists.
- The opinion comes from a treating source. The opinion of your treating doctor may be given controlling weight; the opinion of a doctor you saw just once or twice, for the purpose of obtaining a report to support your Social Security disability claim, will not.
- The opinion is well supported by medically acceptable diagnostic techniques.
If you present medical opinion evidence that meets these criteria, then that opinion evidence will be given controlling weight. If you present medical opinion evidence that does not meet these criteria, Social Security will take the doctor’s opinion into account, but will give it less weight
