Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

A question from a Disability Lawyer

"Hi Tim, I'm a lawyer based in Massachusetts who has a question for you. I've found your website to be helpful in the past and was hoping you could shed some light on this issue for me.

I represent a Title II client who, because of possible eviction, returned to work in April 2015. His onset date is July 2012. Based on speaking with my client, his employment is clearly unsustainable. But he is doing it so that his family will not need to move into their car. His work history is solid and he is a very credible client. During the hearing in June 2012, the ALJ seemed moved by my client's plight. I argued that my client's limited work activity should be considered a Trial Work Period which would end upon receipt of his Title II benefits.

The ALJ was unsure whether he could award someone based on these circumstances. I stated that I had represented several claimants in the past who had been mid-TWP at the time of their hearings and had been awarded benefits, though I had never actually had to research the regulations that allow this. The ALJ asked me to write a post-hearing brief addressing this issue.

So far, I haven't found anything supportive. I'm citing POMS 13010.035 in my brief, specifically about the part where it says the TWP period begins the later of either the filing date or the entitlement date... But I don't necessarily know if that will be enough to convince the ALJ. I'm beginning the caselaw research shortly, but was just wondering if you had ever run into this before. If you have time, could you drop me a line?

Thanks and I hope you're having an excellent week!"

Initially, I felt that you could not argue that trial work months could be applied to work performed prior to adjudication However, I found what might allow you to argue that your client's current work activity should be considered trial work months.

Regulations No. 4 -- Section 404.1591, 404.1592

DI 24010.001 Return to Work. B Policy- Factors that are considered in Return to Work (Title II)

Work performed in or after after the month of entitlement and more than 12 months form onset is protected by the trial work provisions, regardless of whether the work occcurs before or after the final determination.

I think that this may work because your client started performing SGA after his potential month of entitlement and more than twelve months after his onset.

If you do not feel that this option is good, you could always make an argument that your client has had an unsuccessful work attempt under DI 24005.001D and the criteria listed. If you make the argument that his unsuccessful work attempt began April and ended "now" and that reduced his work activity to under the SGA monthly limit as of "now" due to his inability to sustain the work considering his condition or conditions.

With either of these, you should be able to maintain your date of filing and back pay disability months.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Most popular topics on

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on

Who can help me file for disability?

Behcet's disease and Filing for Disability

Dystonia and Filing for Disability

Related pages:

How Much Income Can A Person Earn If He Draws Social Security Disability?
Will Work Cause You To Lose Your Disability Benefits?
What medical conditions get you approved for disability?
Social Security Disability qualifications
How to claim disability benefits
Social Security Disability SSI - Eligibility Requirements and Criteria to Qualify
Maximum I can Work and Make if I am on SSD or SSI Disability Benefits
Will Social Security deny my disability claim if I am working?
Disability requirements and how to file in Virginia
Medical conditions for which you can file and apply for disability

These pages provide answers to basic questions about pursuing disability benefits

What Mental Problems Qualify for Disability?
Disability for a mental condition
Tips for Filing for disability
Financial Help Filing For Disability
Checklist for filing for disability, SSI or SSD
Qualifying for disability benefits, how to qualify for SSD or SSI
Filing a disability application: the steps
Disability award notice, how long it takes to get benefits
How to Apply for Disability - Where do I go?
What makes you eligible to get disability?
How to check my disability claim status?
Can a disability attorney speed up a disability case?
SSI disability Award Letter
How long to get approved for disability?
How to apply for disability benefits
How long does disability back pay take?
What are qualifications for getting disability?
What medical conditions can you file disability for?
Disability Lawyer help questions
Social Security Attorneys, Disability Representatives

For the sake of clarity, is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the homepage and view the "about this site" link near the bottom of the page.