The Law Office Of Daniel M. Morrins Social Security Q And A

This article, written by attorney Daniel M

This article, written by attorney Daniel M. Morrin, will answer common questions and concerns about social security and social security disability benefits.

Q: When do Social Security Disability benefits end?

A: In general, if you receive a fully favorable ALJ decision, your disability benefits will continue until you get better, return to work at the SGA level, reach retirement age, or die.

Q: What is SGA?

A: SGA stands for substantial gainful activity and is a fancy term for amount of earnings from work. If youre receiving disability benefits, you can generally work as long as you dont make more than the established SGA limit. In 2011, this limit is $1,000 per month. In 2012, for the first time since 2009, the SGA level is changing, with the limit being raised to $1,010 per month. (Special rules apply to those who are legally blind. For blind individuals, the 2011 SGA limit is $1,640 per month, which will rise to $1,690 in 2012.)

Q: After I apply for Social Security Disability benefits, if Im denied, what happens then?

A: If a person disagrees with a decision made on a claim for Social Security Disability benefits or Supplemental Security Income (SSI) claim, there are several administrative appeal steps they may follow. Appeals must be requested in writing, WITHIN 60 DAYS FROM THE DATE OF THE DENIAL.

In New York (it may be different in other states) there are three basic appeal steps:

1. If a person disagrees, he or she may request a hearing before an administrative law judge of the Office of Disability Adjudication and Review- ODAR.

2. If a person then disagrees with the administrative law judges decision, he or she may request a review by the Appeals Council.

3. After the Appeals Council review, a person who is still dissatisfied may file a civil action in a Federal district court.

It is vitally important that a claimant immediately file an appeal after being denied, and not delay, because of the time limit involved. Nationally, on the average, only 35% of all initial applications (when claimants first ask for benefits) are allowed (65% are denied) but at the Law Judge level, for those cases among the 65% who appeal, approximately 65% of those are reversed and win their case! (all figures are approximate.)

by: Daniel M. Morrin

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