Indiana Social Security Disability Lawyer Blog

You want to work and you know even with Social Security disability benefits you are going to struggle to make ends meet.  Even with all of the extreme pain you are experiencing, you finally find a job and drag yourself to it just to find out there is no way you can work.  You realize you cannot make it through a full day of work, and even if you do, you find yourself out of work for two days because of the pain you are in from forcing yourself to work.  Indianapolis disability lawyer Scott Lewis has heard the above scenario on numerous occasions.  If this has happened to you or a loved one this might be considered by the Social Security Administration as an "unsuccessful work attempt" or UWA. 

What is an Unsuccessful Work Attempt (UWA)?  This is where a person attempts to do substantial work, but stops or reduces the work to below Substantial Gainful Activity (SGA) levels after six months or less because of a disabling condition or because of removal of special conditions related to the disabling condition.

Other issues concerning an Unsuccessful Work Attempt that may have an impact can include whether you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), trial work periods, and extended periods of eligibility.  More information concerning these topics and other useful topics can be found in the Social Security Administration's publication "The Red Book".

The good news is you do not have to tackle unanswered questions alone. Indianapolis Social Security attorney Scott D. Lewis strives to answer many questions concerning eligibility for Indiana Social Security disability benefits.  Indiana disability lawyer Scott D. Lewis talks to potential clients about claims involving bipolar disorder, scoliosis, stroke, epilepsy, depression, and many other severe impairments.  Mr. Lewis and his staff are eager to discuss your Indiana Social Security disability claim.  Call (317) 423-8888 for a free consultation to discuss your claim.

Indianapolis disability attorney Scott Lewis fields occasional telephone calls from his Indiana disability clients asking what the ramifications will be if they try to reenter the workforce.  As fundamental as it may sound, the facts of a particular case always matter.  Many Indiana residents are finding they are having a difficult time putting food on the table for themselves and their families during a very lengthy application and appeals process.  A few topics Indianapolis disability attorney Scott D. Lewis may encounter may include:

• Are you considering a full time or part time job?  If your disabling condition(s) do not permit you to work full time, but you think you may be able to work part time, you may be interested in a term call "Substantial Gainful Activity" or "SGA".  This is an amount the Social Security Administration determines as earnings you can make on a monthly basis and still be entitled to disability benefits.  SGA for 2010 is $1,640.00/month for statutorily blind individuals and $1,000.00/month for non-blind individuals.  There are different criteria for those receiving Supplemental Security Income (SSI) concerning blind individuals. It appears these amounts will also be valid for 2011, but more information concerning SGA can be found on the Social Security Administration's website.
  

• Should you withdrawal your claim for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits as soon as you start back to work?  Indianapolis disability lawyer Scott D. Lewis usually advises his clients to wait and see if they are actually able to perform a full-time job or a job that creates more than the SGA for a number of months before withdrawing their claim. Many times, individuals believe they can work but find their condition prevents them from performing substantial gainful activity. If you have been waiting for an Indiana Social Security disability appeals hearing for an extended period of time, the thought of withdrawing your claim just to find out that you cannot work when you thought you could, may wind up putting you at the beginning of the application process and extend the time you have to wait for your appeal to be heard.
  

• When asked by his clients if they should work, Attorney Scott D. Lewis tells his clients if they can work they should.  Social Security disability payments are not going to make you rich.  Many individuals are surprised to find the amount they receive; especially from Supplemental Security Income (SSI) is a very low amount.  This low amount can make it very difficult to feed yourself much less other family members. The mere thought you may be content and able to make ends meet on this low disability payment may make one reconsider how much pain they can endure to feed and put a roof over the heads of their families.

The above are just a few issues brought up by Mr. Lewis' clients when considering reentering the workforce.  Every case is different and involves different fact scenarios.  The aforementioned is not intended as legal advice and you should contact the Social Security Administration or retain an attorney or representative to receive legal advice.  If you have questions regarding the Indiana Social Security appeals process, disability attorney Scott D. Lewis does provide a free consultation.  Indianapolis Social Security Lawyer Scott Lewis sees a wide range of impairments including degenerative disc disease, scoliosis, bulging discs, heart disease, diabetes, multiple sclerosis, and many other conditions.  Call (317)423-8888 for your fee case evaluation!

As an Indianapolis Social Security Disability Attorney, many of my clients ask if their Social Security Disability benefits will run out or only last for a short period of time. The answer to this particular question is "no", but there are specific reasons that it may stop. For example, if your disabling condition gets better and/or you have reached recovery, then your payments will stop. Additionally, if you return to work and earn over a certain amount of money per month, again, your payments will stop. The Social Security Administration (SSA) refers to this as "Substantial Gainful Activity" (SGA). In 2009, the SGA is $980/month for non-blind recipients.

The SSA periodically reviews Social Security recipient's files to determine whether or not their disability continues to be severe enough to prevent them from working.

Once you reach retirement age, your Social Security disability benefits will automatically turn into Social Security retirement benefits. The year that you were born will determine at what age Social Security will recognize as your eligible retirement age.

If you have any further questions regarding the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs, please call my law firm and ask for Attorney Scott D. Lewis for a free consultation.

Are you currently employed but are considering filing for Social Security Disability Benefits because you are disabled?  Are you wondering if you make too much money at your job in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs? 

The Social Security Administration (SSA) has a multi-step questioning process in deciding whether or not you are disabled.  The first step in this process is to determine if the claimant is unable to engage in "Substantial Gainful Activity" (SGA).  SGA is defined as any activity that can be done for profit for a specified period of time.  This profit is the money earned from performing this activity and is limited by the SSA.  Do not misinterpret this definition as being "work related" activity but understand that this is any activity that qualifies and is based on the amount of money you have made, or could have made, from the activity. 

The SSA has a specific earnings guideline to determine if you are engaging in Substantial Gainful Activity.  The amount of monthly earnings considered as SGA depends on the nature of a person's disability (blind vs. non-blind individuals).  In 2009, the SGA amount for non-blind individuals is an average of $980 per month and for blind individuals it is an average of $1,640 per month.  If you earn more than these amounts, it's unlikely you will be considered disabled.  Every year, these amounts increase as there are increases in the National Average Wage Index.  When calculating your monthly earnings, you may be able to deduct certain Impairment Related Work Expenses that allow you to be able to work.  For the expenses to be considered an Impairment Related Work Expense, the expense must not be reimbursed, must be related to your disability, and needed in order for you to be able to work.

Contact Indiana Social Security Disability Attorney Scott D. Lewis to discuss your current and past employment earnings.  The Law Office of Scott D. Lewis, Attorney at Law, LLC can provide you more details regarding Substantial Gainful Activity as described by the SSA.