This issue in any Social Security disability case is whether your disability prevents you from engaging in a substantial gainful activity (SGA).
One test of SGA is earnings. Are you grossing (earnings before taxes and withholdings) more than $980/mo (in 2010, SGA is increasing to $1000/mo).
BUT, earnings is not the only test. If an individual's contribution to a business is comparable to a substantial gainful activity, it may be a SGA even if the earnings are below SGA limits.
SSI is a "needs based" program. That means that in addition to being disabled an individual has to financially qualify -- the individual (or household for child SSI cases) has to have less than a certain monthly income and amount of assets.
It sounds like Social Security is determining the financial eligibility now. SSA usually does an initial financial assessment when the application is filed and a second (more thorough) one before paying out benefits.
The maximum monthly SSI payment...
It sounds like you may have a case, but unfortunately, you may have quite a fight, and you may have to have a hearing.
Ultimately, the only way to find out is to file for Social Security and see what happens. If you cannot work full time because of your impairments, you may want to consider applying.
Firing you lawyer is a simple as telling him or her, "you're fired." Of course, you can be nicer about this and say, "I want to work with a different attorney on my case. I've hired .... I want you to transfer my file to their office."
However, I get a number of calls from individuals dissatisfied with their current attorney and very few ever tell their current attorney that they are unhappy. That's a bit like demanding a divorce without every telling your spouse you are unhappy.
It sounds like you might. But, the only way to find out is to apply.
I understand that many people do not want to waste their time filling out applications if they are not going to be approved. But there are no guarantees. Asking if you qualify before you apply is like asking if you can make a shot with basketball while you are still holding it. Maybe you can and maybe you can't, but it is meaningless until you take the shot. :)
If you want to apply, Social Security now lets you start...
From what you describe, a Federal appeal does not sound right.
You indicated that you were denied by an Administrative Law Judge. Normally the next step is an appeal to the Social Security Appeals Council. Then, if that is denied, the next step is Federal District Court.
The denial always goes over the next step in the appeal process. ***Check the denial to verify the next step.***
An appeal can be filed at the Appeals Council by filing a form (Request for Review of Hearing Decision/...
Here is what Social Security has to say on this:
"Unemployment Insurance benefits are not counted under the Social Security annual earnings test and so do not affect your receipt of Social Security benefits. However, the unemployment benefit amount of an individual may be reduced by the receipt of a pension or other retirement income, including Social Security and Railroad Retirement benefits.
You may wish to contact your state unemployment office for information on how your state...
The first issue is the type of benefits a person is receiving.
An inheritance (depending on the size) will likely affect eligibility for Social Security Supplemental Security Income (SSI) benefits. However, if an individual is receiving Social Security Disability Insurance (SSDI) benefits, the inheritance likely not affect continuing eligibility for benefits.
I have a longer article (see link) discussing this issue and how to protect SSI eligibility through a Special Needs Trust.
As with so many legal matters, the answer is "it depends."
There are two kinds of Social Security disability benefits. SSDI (disability insurance) and SSI (supplemental security income).
Getting married would not stop SSDI. However, it may affect SSI benefits. SSI is a "needs based" program which provides monthly benefits if 1) you are disabled, and 2) if you have less than a certain amount of income (including gifts, dividends, etc) or assets.
In other words, SSI looks at the total...
It depends on the kind of Social Security disability benefits your husband was receiving.
Disability Insurance benefits (SSDI aka DIB) often come with auxiliary benefits including benefits to the spouse and the minor children of a disabled individual. These benefits can continue even during the incarceration of the disabled individual.
However, Supplemental Security Income (SSI) does not have any auxiliary benefits for spouses or children. Only the disabled individual can get Social...