CAN I BE IN SCHOOL AND APPLY FOR DISABILITY?



Can you be enrolled in school (trade, college) and apply for disability benefits?



 
Can you be enrolled in school (trade, college) and apply for disability benefits?



Yes, you can. Being in school is not a disqualifier for disability benefits. The only thing that is an immediate qualifier is if a person is working and earning more than the allowable gross earnings limit for Social Security Disability and SSI. That said, if you are applying for disability on the basis of some type of mental impairment, the disability examiner who is rendering your decision (or the judge who is deciding your claim if the case is at the hearing level) may be swayed by the fact that a person is able to adequately attend to an academic regimen.

This is because the criteria for receiving disability on the basis of a mental impairment is based on the individual's ability-inability to maintain attention, concentrate, learn, and function in concert with other individuals.

None of this, however, should dissuade you from applying for disability, of course, if you have one or more medical conditions that are impacting your ability to engage in normal activities of daily living, which may also limit your ability to engage in work activity at a substantial and gainful earnings level.

Here is an answer to a related question also:

Question: "Do I lose my disability benefits if I go back to school?"



Answer: "Going back to school wouldn't cause your disability benefits to be stopped under SSD or SSI. Both programs are really just concerned with the issue of medical improvement, which is why anyone approved to receive disability benefits will periodically undergo a CDR or continuing disability review.

Medical improvement, however, can be demonstrated by the mere fact that a person is engaging in work activity that earns them a monthly earnings amount that is at least equal to the SGA limit in effect for a given year.

None of this applies, of course, to school activity. So, to sum up, going back to school won't take you off disability benefits. However, if you were put on benefits for a mental impairment, the disability examiner who reviews your case during your CDR may be influenced by your ability to engage in academic studies when they evaluate your claim. SSD and SSI claim determination is unavoidably a somewhat subjective process.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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