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Disability question.. Since I know the process takes forever and a day, would it mess me up to take on a work at home position?

Orlando, FL |

I had an accident which led me to have surgery and other procedures, which makes me unable to continue my job which is standing for 8+hrs/shift. I am in the beginning of stage of filing for ssi, and ltd, but i have to still pay my bills. Would it hurt me to take on a part time work at home position? full time/part time, since I'm not sure how this case will outcome and I still have to have a roof over my head. Very confused as to what to do. Please any and all responses regarding this issues would help me greatly.

Attorney Answers 5

Posted

Unfortunately, the answer is probably yes. Working at all, even from home, usually complicates Social Security disability and Long Term Disability claims, at the very least. At the worst, it may cause you to be denied for both types of benefits. When you get right down to it, though, it's going to depend on 1) what your old job was, 2) how much you used to make, 3) how old you are, 4) what you'd be doing at home, 5) how many hours you'd be spending working at home, 6) how much you'd be making working at home, 7) other household income, and 8) the terms of your LTD benefit plan.

You're right to be confused - this is a very confusing issue. I recommend filing your claims and seeing if you're approved quickly for LTD and/or Social Security disability benefits. If so, you may not need to work, which would be better for your claims. If not, then you should speak to an attorney, preferably one who can help you on both the LTD and the SSDI, and he or she can help answer your questions about working from home, based on your particular circumstances.

Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. Please call our firm at 1-866-959-5362 if you would like to discuss your case in more detail. The answers provided on Avvo.com are for information purposes only, and should not be relied on as legal advice. This answer does not create an attorney-client relationship between us. In some jurisdictions, this answer may be construed as attorney advertising.

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Posted

I agree with Mr. Boreleon. You cannot engage in substantial gainful activity (SGA) and still collect disability. SGA is usually grossing more than $1,100.00 in a month. Also, if you have not yet won your disability, any type of work can defeat that claim especially if you self-limit your hours so you are not automatically disqualifed under the gross income rules. The LTD carrier may have its own rules you would need to look at the policy and what it says about OTHER WORK.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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4 lawyers agree

Posted

Working from home is treated the same as working outside the home. It depends on the amount you make and whether or not you are limited by your conditions. If you are voluntarily holding back, your chances will definitely decrease.

Talk to a qualified lawyer about your options before you go any further. There are many good lawyers on Avvo or you can find one through www.nosscr.org.

Good luck.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

I agree with my colleagues that any type of employment would complicate the Social Security case even if it is part time; this does not even address the LTD claim, which may have its own set of rules. SS Judges hear it all the time that the person has been without an income for an extended period of time. My suggestion is that you file the LTD claim as soon as you can and start the SS process at the same time. Best of luck to you.

This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.

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Posted

It will not affect your case if you work part time so long as you don't earn greater than the amount the Social Security Administration (SSA) considers "substantial gainful activity", which I believe is over $1,000 a month. Check with the SSA to make sure what the amount is. The SSA looks at you working as you being motivated to try and help yourself, which should help your credibility with the Administrative Law Judge should your case have to be decided at a hearing.

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

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