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Moselle C Leland

Moselle Leland’s Answers

3 total

  • Social Security Disability "unfavorable" ruling:What should I do next?

    Moselle’s Answer

    I agree with my colleagues. To determine the merits of your case, you need to have an attorney review your case. Various factors will determine whether you should reapply or appeal.

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  • Income earned while appealing Social Security Disability Decision. Will this end my benefits?

    Moselle’s Answer

    I agree with my colleagues. The Administrative Law Judge (ALJ) most likely considered your 2012, 2013 and 2014 earnings in making a decision. Although you mention that you did not report your work while your appeal was pending, if you file tax returns, the Social Security Administration would have your earnings information. If you were awarded SSDI benefits, the earnings for those years were likely considered unsuccessful work attempts.

    Any income your earn after you are awarded benefits will be evaluated based on Social Security's definition of a Trial Work Period. Anytime your earn more than a certain amount determined by Social Security, you will have used one of your 9 trial work months. You are entitled to 9 trial work months during a 36 month period. I suggest you read further about the Trial Work Period if you intend on attempting to work.

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  • Can I be entitled to disability benefits

    Moselle’s Answer

    If your last denial was more than 60 days ago, you will need to reapply for benefits. To determine whether you meet the definition of disability for Social Security purposes, Social Security looks at factors such as your age, education, and work history in addition to your medical conditions. Additionally, there are two programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To determine which program you may be eligible for, I would need to know your work history. SSDI is payable to individuals who are deemed disabled and have sufficient quarters of coverage. Generally, this means working for at least 5 of the last 10 years before becoming disabled. SSI is a needs-based program payable to individuals who are disabled and have few resources.

    My recommendation would be to reapply on your own, making sure you are getting consistent medical treatment for your medical conditions. Without treatment, there is no way to prove you are disabled. If you are denied again, you should consider contacting an attorney for your appeal.

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