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View Full Version : my social security disibility benefits were stopped!!!




gilbert
09-20-2010, 07:45 PM
hello,i had been collecting ssdi benefits for about 14 years for bi-polar condition as well as for depression and a severe learning disibility.about 1 year ago i began working at a part-time job at a local restaurant as a busboy.i was earning about 800.00 per month below the ssa guidlines which is roughly $1000.00 a month.recently my disibility case was reviewed by ss and i recieved a letter in the mail saying that my benefits were being terminated for the folowing reasons...the fact that i have been able to hold a job for the better part of 1 year means that i have demonstrated that my condition is not severe enough to be considered disabled under social security rules.the letter goes on to say that because i haven't seen a doctor in a while and iam not takeing any medication further indicates that my condition has improved and that i cannot be considered disabled under social security rules.....my disibility check is only $590.00 per month and i had no choice but to take a part-time job and now social security is useing it against me.iam applealing the decision and will go before a judge.




Babyboomer15
09-21-2010, 09:43 AM
It sounds like you broke all the rules.
Rule #1-When on SSI/SSDI-don't work(not even part-time)
#2-continue to see your doctor
#3-continue to take your medications

By working while on SSI/SSDI sends out all kinds of red flags to SSA. Plus not seeing your doctor or taking your meds sorta says that your condition has improved. Being awarded SSI/SSDI doesn't mean you have a free pass for benefits. You still have to prove that you are disabled and unable to work.Depending on your age-everyone gets reviewed. Even working part time looks bad.

painfull
09-21-2010, 05:45 PM
I am sorry to say that it does sound as if you've done the forbidden...working, and not taking meds. I can see where it appears that you may be able to work and hold a reasonable job, and one that makes more than SSI. If you are really sick enough to get SSI you are supposed to not be able tohold a job, which you can do. Or have a medical condition that you are managing, however not taking meds says you are not managing your illness. You should take your meds if your sick enough to get SSI. I know I am waiting for my SSI and I can't even walk. They can see that I can't walk, but still I wait and pray that I get some help.

smae
09-21-2010, 06:31 PM
I am sorry to say that it does sound as if you've done the forbidden...working, and not taking meds. I can see where it appears that you may be able to work and hold a reasonable job, and one that makes more than SSI. If you are really sick enough to get SSI you are supposed to not be able tohold a job, which you can do. Or have a medical condition that you are managing, however not taking meds says you are not managing your illness. You should take your meds if your sick enough to get SSI. I know I am waiting for my SSI and I can't even walk. They can see that I can't walk, but still I wait and pray that I get some help.

I agree. I actually got approved after only 3 months, but that was because I got very lucky and had a wonderful lady helping me that got a second doctor's opinion.. I was about to be denied and she pushed for a second opinion.

If people are able to work, and aren't struggling with a condition (struggling usually means they can't work, are on a lot of medicines to control it, or are seeking out the treatment/care of a doctor), they really don't need to be on SSI. It's not free money for those people who have a medical problem--it's support for those who have no other choice and cannot support themselves due to their conditions. That doesn't sound like you are in that situation anymore, if you are able to hold down a job, and not seek care and be on medicine.

I'm no legal expert, but I'd highly suggest you think about fighting this... I don't think you have a case, and will just wind up spending a lot of money to most likely lose. Every case of SSI is reviewed and if they find that you no longer qualify, it is their right to determine that and stop your benefits. It would be different if you were still unable to work and on 15 different medications.

I would suggest that if you want to keep working (because people can work some and keep benefits), that you work as well as seek out care and treatment along with take whatever medication is available/prescribed. By working and not seeing a doctor or taking medications, it shows that you function just fine without disability.

Hoosier_Daddy
09-21-2010, 08:02 PM
I will tell you what my lawyer from Allsup told me last June after I won. He said since you won on a mental impairment you should not try to work even part time. If they see you can hold some type of work they will cut you off as soon as they can. He told me make sure you want to work all of the time when you try to work. Just for this reason alone. Especially mental impairments. If they see you put yourself out there and can do some type of work they will cut you loose from the system. That's why when I do go back to some type of work I am going to try and find something I can do and hopefully make some decent money at it.

Babyboomer15
09-21-2010, 08:12 PM
I called SSA a few months ago asking about my disability review date and they checked and said there wasn't one(approval letter said 5-7 yrs but my age maybe a factor on a possible review). Then they checked their computer and said since I wasn't working that I shouldn't worry about it. So they do keep track of everyone to see if they are paying FICA ,then if they do,that sends out red flags. I don't know how often you are suppose to see a doctor to keep them happy. I see one specialist twice(more if need be)a yr. and another specialist four times a yr. I'm not sure about PCP. Since he had nothing too do with care for my disabilities ,maybe they wouldn't be concerned about that doctor.

Janke
09-21-2010, 11:24 PM
I called SSA a few months ago asking about my disability review date and they checked and said there wasn't one(approval letter said 5-7 yrs but my age maybe a factor on a possible review). Then they checked their computer and said since I wasn't working that I shouldn't worry about it. So they do keep track of everyone to see if they are paying FICA ,then if they do,that sends out red flags. I don't know how often you are suppose to see a doctor to keep them happy. I see one specialist twice(more if need be)a yr. and another specialist four times a yr. I'm not sure about PCP. Since he had nothing too do with care for my disabilities ,maybe they wouldn't be concerned about that doctor.

You should see a doctor enough times that your medical records show that your condition has not improved unless you want a stranger doing a consultative exam during your continuing disability review. You want a doctor who knows you to provide information. You also want to see a doctor for routine physicals and preventative care and that can keep you informed about any new procedures or medication for your medical condition.

I do agree that a person who has a mental disorder who doesn't need medication and stops seeing a psychiatrist and is able to work and earn $1000 a month is just not disabled enough to qualify for disability benefits. Where is the reduced ability to function? Lots of people live their whole lives like that. I would guess that the original poster has co-workers who have the same job as he does and performs the same quality of work without getting an SSDI check. I hope he works up from busboy to waiter and has a long career in the food service business. Being productive and supporting himself will also bring long term mental health benefits.

The other thing I don't understand is why some people on SSI or SSDI don't get ongoing medical treatment since there are so many people who have been begging for the medical coverage that is provided by Medicare and Medicaid (even with its flaws). SSI and SSDI eligibility must be based on objective medical findings not just on alleged symptoms. The Democratic Congress passed Obamacare because there are so many people without coverage!

smae
09-22-2010, 08:18 AM
I do agree that a person who has a mental disorder who doesn't need medication and stops seeing a psychiatrist and is able to work and earn $1000 a month is just not disabled enough to qualify for disability benefits. Where is the reduced ability to function?

Janke,
I totally agree with you, but I do want to point this out:

"i was earning about 800.00 per month below the ssa guidlines which is roughly $1000.00 a month"

If the guideline is $1000/mo and this person was earning $800 below the amount, they are making about $200/mo, which is not enough for any person to live on unless they are getting free housing and food. At least, $200/mo wouldn't be enough for me unless I was getting a lot of things for free.

Still, I agree that in this case, if the original poster is working and not under a doctor's care, he or she should be able to ask for more hours and would be able to support himself/herself.

Cblue
09-22-2010, 01:16 PM
In general, I just don't think it is fair for someone who can work, takes no meds and does not see the dr should get SSDI. I have the same impairments as well as 3 other issues and I would never think of stopping my meds...I would probably be dead...seriously. I NEED to see the dr. I don't see anything wrong with them denying you. I am sorry that sounds so harsh...I feel for you, and I am sorry you are going through this. I really do feel badly, I wish you the very best. I hope that if you start to deteriorate(can't spell) that you see your dr regularly and start your meds again.
I hope things go well for you!

Jenna Delaney
09-22-2010, 01:41 PM
I have RSD in my left foot up to my knee, an also have bad fibromyalgia. I work part time like 12 hours a week on a good week. I get SSDI and I dont think I could live with out it. My long term dis. w/ my woork told me I had to apply and show them proof. I was excepted right away. I thhink it was three months. I to see my doctor often, take meds, and get treatments..

Janke
09-23-2010, 12:34 AM
Janke,
I totally agree with you, but I do want to point this out:

"i was earning about 800.00 per month below the ssa guidlines which is roughly $1000.00 a month"

If the guideline is $1000/mo and this person was earning $800 below the amount, they are making about $200/mo, which is not enough for any person to live on unless they are getting free housing and food. At least, $200/mo wouldn't be enough for me unless I was getting a lot of things for free.

Still, I agree that in this case, if the original poster is working and not under a doctor's care, he or she should be able to ask for more hours and would be able to support himself/herself.


Benefits can be ceased because of work activity without medical recovery or because of medical recovery without work activity. The poster actually did both - went to work and decided he didn't need medical care for his disabling condition. What we don't know is if the original poster is choosing to work and earn under $1000 when he could work more. He said he took the job to supplement the Social Security.

newtons1971
02-21-2011, 08:37 PM
I called SSA a few months ago asking about my disability review date and they checked and said there wasn't one(approval letter said 5-7 yrs but my age maybe a factor on a possible review). Then they checked their computer and said since I wasn't working that I shouldn't worry about it. So they do keep track of everyone to see if they are paying FICA ,then if they do,that sends out red flags. I don't know how often you are suppose to see a doctor to keep them happy. I see one specialist twice(more if need be)a yr. and another specialist four times a yr. I'm not sure about PCP. Since he had nothing too do with care for my disabilities ,maybe they wouldn't be concerned about that doctor.

BabyBoomer: I have been on SSDI for about 8 years now and have yet to have a review. I am 58 years old next month. I go to an ARNP at least once every 6 weeks for my medication reviews. I have been working for the past three years. Do you think that I may have a problem in the coming months with a review. I make around 850.00 per month. Thanks for any thoughts that you may have.

finz
02-22-2011, 12:13 AM
BabyBoomer: I have been on SSDI for about 8 years now and have yet to have a review. I am 58 years old next month. I go to an ARNP at least once every 6 weeks for my medication reviews. I have been working for the past three years. Do you think that I may have a problem in the coming months with a review. I make around 850.00 per month. Thanks for any thoughts that you may have.

************************************************** *

Is the SSA aware that you have been working part time for the last three years ?

From http://www.ssa.gov/pubs/10153.html#4

What you must report to us

It is important to notify us promptly—either in person, by phone or by mail—whenever a change occurs that could affect your benefits. The changes you need to report to us are described below.

If you work while receiving disability payments

You should tell us if you take a job or become self-employed, no matter how little you earn. If you are still disabled, you will be eligible for a trial work period, and you can continue receiving benefits for up to nine months

Also: http://www.ssa.gov/pubs/10095.html


Social Security work incentives at a glance
Trial work period—The trial work period allows you to test your ability to work for at least nine months. During your trial work period, you will receive your full Social Security benefits regardless of how much you are earning as long as you report your work activity and you continue to have a disabling impairment. In 2011, a trial work month is any month in which your total earnings are over $720, or if you are self-employed, you earn more than $720 (after expenses) or spend more than 80 hours in your own business. The trial work period continues until you have worked nine months within a 60-month period.

Extended period of eligibility—After your trial work period, you have 36 months during which you can work and still receive benefits for any month your earnings are not “substantial.” In 2011, earnings over $1,000 ($1,640 if you are blind) are considered substantial. No new application or disability decision is needed for you to receive a Social Security disability benefit during this period.

Patti_Christmas
02-22-2011, 11:08 AM
Geesh, you have a job and stopped or no longer need meds? Then you wonder why you were "cut off"? I was in a car accident in 2007, I tried to work until my first "surgery" (arthroscopic) in December. I couldn't - my employer also couldn't work within the very strict and limited restrictions. I then had five more surgeries on my right leg (failed) and two SCS implant surgeries (Sept and Dec of 2010) that also has not helped, and now the RSD has spread to my arms, back, shoulders, etc. I am in constant pain, even with the meds and the stim. I've been doing the blocks to try and help stop things. I can't drive, I can't fully process things, what used to take a short time to complete takes forever to process. I applied for SSI, saw their shrink (he stated I could only do a sedentary job with NO STRESS and this was before this stupid SCS implant that KILLS me to sit, stand, lay, walk, etc) and got denied. I also had an IME for my auto insurance, and the IME said that I was very limited and had several restrictions, and was not able to work. This was at the same time as SSI's denial, so fortunately my PIP benefits were helping at that time. My husband has not worked due to my condition. He was working, but had to take time off for all my surgeries. I was non-weight bearing for foot surgery (6 months) and knee surgeries (6 months).

The IME the insurance company hired (hoping to get me off all benefits and say I was able to work) even told the insurance company that I required assistance with my day to day things, that I needed assistance with my personal hygiene, etc.

Am I angry at the SSI department? Yes. Did I hire an attorney? Yes. Is he shocked that I was denied? Absolutely, but happy because this is how he makes money and he feels it is a solid claim. I have seen my doctors regarding this injury constant since 2007. Sometimes as often as once a week. How did you get approved for so long? Why are you complaining about being "cut off"? I have worked since I was 16 years old. My husband has worked since he was 16. We have paid into FICA, FUTA, Medicare for most of our lives. No wonder there is no money left to help those who need it. The ones who don't are the ones who get approved quicker, longer and work (either on the books or off) and then complain when they lose their "free money".

Sorry if I come off as being a *****, but this is crazy. For every legitimate claim, it seems there is 5 that are not. So many of us are physically, mentally and financially hurting, wanting to work, missing the interactions with people other then our "friends" that are in the same painful boat we are. I miss the challenges that work brought about - even the crap and the drama. What I wouldn't give to be 100% again (or even 70%). Then someone has to complain...:mad:

Shellback
02-22-2011, 01:19 PM
hello,i had been collecting ssdi benefits for about 14 years for bi-polar condition as well as for depression and a severe learning disibility.about 1 year ago i began working at a part-time job at a local restaurant as a busboy.i was earning about 800.00 per month below the ssa guidlines which is roughly $1000.00 a month.recently my disibility case was reviewed by ss and i recieved a letter in the mail saying that my benefits were being terminated for the folowing reasons...the fact that i have been able to hold a job for the better part of 1 year means that i have demonstrated that my condition is not severe enough to be considered disabled under social security rules.the letter goes on to say that because i haven't seen a doctor in a while and iam not takeing any medication further indicates that my condition has improved and that i cannot be considered disabled under social security rules.....my disibility check is only $590.00 per month and i had no choice but to take a part-time job and now social security is useing it against me.iam applealing the decision and will go before a judge.

Very sorry to hear you lost your SS benefits but I agree with the folks who replied before me. You have to see a doc, take your meds and if I remember correctly, the return to work program states that if you can hold down a job for nine months or more than your benefits will likely be terminated unless you can somehow prove that you are still deserving of these benefits. You can challenge the decision they made to stop your disability checks but unfortunately you don't have a leg to stand on. (No pun intended).

newtons1971
02-22-2011, 04:33 PM
I called SSA a few months ago asking about my disability review date and they checked and said there wasn't one(approval letter said 5-7 yrs but my age maybe a factor on a possible review). Then they checked their computer and said since I wasn't working that I shouldn't worry about it. So they do keep track of everyone to see if they are paying FICA ,then if they do,that sends out red flags. I don't know how often you are suppose to see a doctor to keep them happy. I see one specialist twice(more if need be)a yr. and another specialist four times a yr. I'm not sure about PCP. Since he had nothing too do with care for my disabilities ,maybe they wouldn't be concerned about that doctor.

BabyBoomer: From April 2003 thru Dec 2007 they said that I had completed my trial work period. Then they go on to say that although you are now working , we find that the work you have been doing does not show that you can do substanstial work. I took this to mean that I could now make up to $1,000 per month without any ramifications. If now after I have worked for 3 years and made the $850-$900 per month then I am in serious trouble. II have informed Social Security that I was working and where I was working, Easter Seals. I would still have justification from the Doctor's that I could not do the job that I had done in the past, nor could I work 40 hours per week. I had made $26.00 per hour and now I make $10.50 by working in a rehabilitation center for alcohol and drugs. Worst case I may hire you to represent me, but believe me I am very nervous and concerned that I made a grave error. Thanks

Babyboomer15
02-22-2011, 05:04 PM
BabyBoomer: From April 2003 thru Dec 2007 they said that I had completed my trial work period. Then they go on to say that although you are now working , we find that the work you have been doing does not show that you can do substanstial work. I took this to mean that I could now make up to $1,000 per month without any ramifications. If now after I have worked for 3 years and made the $850-$900 per month then I am in serious trouble. II have informed Social Security that I was working and where I was working, Easter Seals. I would still have justification from the Doctor's that I could not do the job that I had done in the past, nor could I work 40 hours per week. I had made $26.00 per hour and now I make $10.50 by working in a rehabilitation center for alcohol and drugs. Worst case I may hire you to represent me, but believe me I am very nervous and concerned that I made a grave error. Thanks

Sorry but I'm not a lawyer plus I'm on SSDI and can't work. If you informed Social Security and they know about your situation-I wouldn't worry about it. Plus, If I were you,I would stop working just too be on the safe side. SSDI benefits are too important to lose and would be hard to get back especially if your SS insurance runs out.

newtons1971
02-22-2011, 05:06 PM
Sorry but I'm not a lawyer plus I'm on SSDI and can't work. If you informed Social Security and they know about your situation-I wouldn't worry about it. Plus, If I were you,I would stop working just too be on the safe side. SSDI benefits are too important to lose and would be hard to get back especially if your SS insurance runs out.

Thanks BabyBoomer

newtons1971
02-24-2011, 07:35 AM
It sounds like you broke all the rules.
Rule #1-When on SSI/SSDI-don't work(not even part-time)
#2-continue to see your doctor
#3-continue to take your medications

By working while on SSI/SSDI sends out all kinds of red flags to SSA. Plus not seeing your doctor or taking your meds sorta says that your condition has improved. Being awarded SSI/SSDI doesn't mean you have a free pass for benefits. You still have to prove that you are disabled and unable to work.Depending on your age-everyone gets reviewed. Even working part time looks bad.

Babyboomer: Thanks for your info and I know I should stop working but it is hard to make ends meet. Thanks God my insurance is provided by the VA. This is some info that I found from SSDI........It shows that I can still work after the 9 months and 36 month intervals as long as I don't make more than $1,000.00

Work Incentives Network

Earned Income and SSDI/Medicare Automatic Work Incentives—2009
Phase 1 Phase 2 Phase 3
TRIAL WORK PERIOD (TWP) EXTENDED PERIOD OF ELIGIBILITY
(EPE)
9 TWP within 60 months 3 years (36 months)


(1) Keep SSDI check no matter how high wages go, for 9 months. (1) A 3 year safety net; starts the month after 9th TWP month, ends 36 months later. (1) After EPE ends, if countable wages are below SGA, SSDI continues.
(2) Use a TWP month each time gross wages go above $700 (2) During this period, keep SSDI check each month countable gross wages are below SGA ($980/month, $1640/month if blind).

$Gross Wages
(-) $IRWE
(-) $Subsidy
(=) $Countable Gross Wages
(2) Expedited Reinstatement: The first month countable wages go above SGA your SSDI benefit will end.
***If within 5 years from that point countable wages drop below SGA, and disability prevents SGA level work, you can request expedited reapplication and get 6 months of provisional benefits while SSA makes a decision on your reapplication.
(3) When all 9 used within 5 years, TWP ends. (3) Report income changes to SSA to restart SSDI check if stopped due to earnings. (3) If eligibility reinstated, after receiving 24 months of benefits you get a new TWP, EPE, ExR and Extended Medicare Period
Grace period: The first month your countable wages go above SGA after your TWP ends, you get to keep the SSDI check that month, plus the following two months no matter how high your wages go.

Extended Medicare: If cash benefits cease due to work and earnings continue to be above SGA, Medicare can continue for at least 93 months after TWP ends. This document was published by the Oregon Competitive Employment Project, which is part of the Oregon State Department of Human Services, Office of Vocational Rehabilitation Services. The project is funded through a Medicaid Infrastructure Grant from the U.S. Centers for Medicare and Medicaid Services (CFDA #93.768).

Mz Migraine
02-24-2011, 02:59 PM
i haven't seen a doctor in a while and iam not takeing any medication further indicates that my condition has improved
You are SOL! :eek:

rod_1965
10-22-2011, 02:51 PM
hello,i had been collecting ssdi benefits for about 14 years for bi-polar condition as well as for depression and a severe learning disibility.about 1 year ago i began working at a part-time job at a local restaurant as a busboy.i was earning about 800.00 per month below the ssa guidlines which is roughly $1000.00 a month.recently my disibility case was reviewed by ss and i recieved a letter in the mail saying that my benefits were being terminated for the folowing reasons...the fact that i have been able to hold a job for the better part of 1 year means that i have demonstrated that my condition is not severe enough to be considered disabled under social security rules.the letter goes on to say that because i haven't seen a doctor in a while and iam not takeing any medication further indicates that my condition has improved and that i cannot be considered disabled under social security rules.....my disibility check is only $590.00 per month and i had no choice but to take a part-time job and now social security is useing it against me.iam applealing the decision and will go before a judge.
well I just got approved for SSDI and I got a letter from my lawyer saying that I need to keep seeing my doctors and taking my meds and not to work even part-time

LIT LOVE
10-22-2011, 06:07 PM
My this is an old thread, that got dredged back up.

Gilbert, I'm curious if you appealed this decision and what the outcome was. Were you making $200 a month at the time, or was it $800?

You were working under the rules of the program. It is important to continue medical care, but it's not as if you were doing anything unethical, so I'm a little confused by how angry some of the posts were. There are many who can work part time and don't make the attempt for fear of losing benefits. Ideally, someone in your situation continues to increase their hours and duties until they no longer need SSD. I've seen posters advise working under the table get less response than this thread did.

It isn't uncommon for those those that are bipolar to go off their meds and stop seeing their docs. Then during a manic phase, they can manage work for a period.

I don't know your situation Gilbert, but I just wanted others to consider a different scenario.

I hope you're doing well--getting treatment if you need it, etc.