Can I Go Back To Work Without Jeopardizing Disability Benefits?
Yes, a person can go back to work without jeopardizing their disability benefits. It is a goal of the disability program to assist beneficiaries in returning to work, if possible. In fact, there are a couple of programs meant to aid the transition. For example, the Ticket to Work Program provides the beneficiary with employment support services such as placement, some training, and employment counseling. While a beneficiary is on the Ticket to Work Program, they are not subject to being reviewed for continuing disability benefits which allows them to try out some jobs without the fear of losing their benefits.
There is also a program called the Plan to Achieve Self Support (PASS) which allows a beneficiary to receive and spend money for the purposes of furthering their work goals (e.g. starting a business, receiving specialized training). As long as the plan has been approved by the social security administration, the money spent on that plan will not be counted against the social security benefit. Aside from these two programs, there is also a generalized extended period of eligibility which allows a person on disability to try returning to work for a total of nine months. For those nine months, a person can earn more than the allowed amount of income and not be disqualified. Once a person has earned more income than the allowed amount for ten months in any five year period, then the disability benefits will end. However, once having reached this ten month mark, a person has up to thirty six months to decide whether long term employment is something they are able to do. At anytime within those thirty six months, a person can quit their job and have their benefits automatically reinstated. After thirty six months have passed, the person would be required to reapply for disability benefits.
How Long Do The Benefits Last If The Children Are Receiving My Disability Benefits?
In regards to SSDI, if the disabled parent has contributed enough into the social security system that there is a family allowance for their children, the children will receive it until they reach the age of eighteen. If a child is still attending high school, the benefits can be extended until the age of nineteen. In regards to SSI, there is no provision for children.
How Long Before I Discover If I Have Been Approved For Benefits Or Not?
The social security administration states that the initial determinations are generally made between 90 and 120 days of the application submission. The majority of applicants are denied at the original application stage, and it can take up to sixty days for a reconsideration. In addition, approximately eighty-five percent of reconsiderations are also denied. The next step is to have a disability hearing, which can take anywhere from five to fifteen months to obtain. There is no option for temporary benefits during this time, so it can be very difficult for a person with a disability. However, about sixty-five percent of people in disability hearings are successful.
What Can Someone Do If Their Disability Benefits Claim Is Denied?
Many people file another claim if their disability benefits have been denied, but this course of action is not advisable as it usually takes longer than filing for an appeal. In order to file for an appeal, the person should submit a request for reconsideration which will be followed by a disability hearing.
Why Should I Retain An Attorney To Help With My Disability Benefit Claim?
Having an attorney will give the claimant the best chance of receiving their benefit. The right attorney will know the correct way to present the case to the social security administration, they will clearly demonstrate all of the reasons for the person’s entitlement to the benefit, and they will know how to structure the application and potential appeals.
What Qualities Should I Look For When Retaining An Attorney For My Disability Benefits Claim?
When obtaining an attorney to assist with a disability benefits claim, it is important to look for someone with experience and familiarity in the field, as well as a good success rate in getting people the benefits that they deserve.
For more information on going back to work without jeopardizing disability benefits, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 385-6303 today.
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