29 replies to this topic

[xxm]

Dear Friends,

In my country (Bulgaria) a debate is going on about disability benefits checks and personal assistance payments. I want to take an informed participation and would like to know what is the law in countries that have tradition in social security. I would like to ask those who work/worked post injury:

Do your disability payments depend on your income ?

I'm grateful to all that will answer.

Rudy

[mellowgator]

dear rudy,

if you work you lose benefits here in the states.


mellowgator

[xxm]

dear rudy,

if you work you lose benefits here in the states.


mellowgator

Mellow,
Your response is lightning fast. Thank you so much.

This answer will smash all my opponents.

Wish you a nice day by the pool

Rudy

[redryder49]

Just because you work dosent mean that you loose your benefits here in the us. They have what they call substansial gainfull income. If you make more than a certain amount you could loose all or some of them. I think this year it is 1,000 per month in the us.

[xxm]

redryder49,

Thank you for painting the picture in detail. Your answer just confirms what Mellow said - you loose something. 1000 $ isn't so much in the US.

Wish you and your girlfriend all the best.

Rudy

[Lucydog]

There is a whole range of benefits here however the 2 main ones are Incapacity Benefit and Disability Living Allowance. IB is designed for people who are unable to work, however you could do a small part time job for up to 16 hours a week and not lose it. Disability Living allowance is a universal benefit for anyone with a permanent illness/disability. It is paid at different levels depending on how disabled you are. You get it no matter what you earn as the Govt recognises that disabled people incur extra costs that non disabled people dont.

[xxm]

Lucydog,

It becomes clear that US and UK are quite different. Thank you for giving the exact names, so that I'll be able to do further investigation.

Keep Bloggering On!!

Rudy

[Hapahowlee]

I haven't been on the forum in a while. I've been preparing for Mr. Hapa's Social Security Hearing that he waited 3 years to obtain and it took place this past Tuesday in front of an Administrative Law Judge. A hearing was actually granted last year, but the local office didn't do their job and the Judge dismissed the hearing. So we had to file for another hearing.

We've been getting hasseled by SSA since 2006 when hubby started receiving letters that his SSDI may be in jeopardy.

When my husband began working (part-time) in July 2005, he called the Social Security Administration to check on the rules for working while still receiving SSDI.

Now there are 3 types of funds you can receive from the SSA.
Retirement, Disability (SSDI), and Supplemental Security Income (SSI). The rules for each are different.

Even though Mr. Hapa had been receiving SSDI since 1985 and he clearly stated at the beginning of each call he is a C-5 Quad receiving SSDI, he was given information for a retiree. How dumb is this? He gave his date of birth each time also and they should have known by his age, there was no way he could be receiving SS retirement.

He was told he could make a million dollars the first year of working, but in 2006 he had to stay under $10,000 a year and the maximum for the following year would be $12,000. WRONG!!!!

Also, he was told he didn't need to do anything such as sending in copies of paycheck stubs (something we found out after hubby threw out a couple of years worth). NOTE: W-2s are not enough to prove income.

If you receive SSDI and want to work, SSA monitors your gross monthly income. Each year I believe the cap goes up about $40. I don't know what the amount is for 2010, but in 2009 the most you were allowed to make was $980 per month (GROSS). If you go over even a penny, SSA takes your entire SSDI income away from you for that month.

We received a letter at some point that almost $10,000 in overpayment was to be paid back to SSA. Up until this year, the SSA website hardly had anything that explained the rules about working while still receiving SSDI.

Of course we received different answers when calling either the local or the Baltimore, MD offices. I had to do my own investigation b/c no one was being helpful or even returning calls.

Many times my husband's SSDI payments were stopped to repay what they believed was an overage. The "Bulldog" in me had to come out and fight for hubby's rights. So just as many times his payments were stopped, they were started back up.

I contacted many people who had been through a lot of BS with the Administration to get correct info. Since we didn't have all paycheck stubs, I got a printout from the home office of my husband's work. It was all coded, so I made a spreadsheet decoding everything and highlighting income they cannot count as Substantial Gainful Activity (SGA).

I found out the Administration cannot count income you receive which you did not physically/mentally work to earn such as: Vacation, Sick/Personal time, reimbursements, profit sharing, etc. These are benefits that come along with your job and it doesn't mean you are actually able to work enough to have your payments stopped.

The SSA took almost the entire amount they believed was an overage, but after they received the spreadsheet I created, some of the money was paid back to my husband. There were just a few months in question, which is why a hearing was necessary.

So if you want to work and are able to make enough to replace your SSDI, that's great. But if not, make sure you don't go over the allowed amount you can make per month.

Send in copies of your paycheck stubs (to local office) and highlight any income that can't be counted. If you have items or services that are needed by you due to your disability and you pay for any portion, keep the receipts. These things can be deducted from your Gross income and will keep you from going over. This is called Income Related Work Expenses (IRWE).

I also found a form called Subsidy and Special Conditions that can be filled in by you and signed by your employer that states you get paid about the same amount as others, but due to your disability you are not able to work at full capacity. My hubby's form showed he only works 70% out of 100% that able-bodied workers do. This is taken into consideration when calculating your Gross Monthly Income.

One last issue the SSA can consider is loss of income if your spouse or a family member cuts back on or is unable to work to take care of you. I forgot what exactly this is called. My husband lost a lot of weight not long after he began working. The weight loss was due to having to deal with 2 issues with the government in which they owed us a lot of money. My husband used to be very independent and I used to work full time, but I haven't been able to work because I have to take care of him. I don't get paid a dime.

We are working very hard to get him independent again so I can go back to work. During the time in question according to the Social Security Administration, my inability to work because I take care of my husband has to be considered as well when figuring your Gross Income.

This is all a shame and could have been avoided had we been given the correct information and had cooperative case workers. It's a good idea to keep notes on phone calls and if you send any correspondence, send it certified and in our case, I sent a courtesy copy to the Baltimore office (also certifed), which assured an answer back.

I hope this makes sense, I'm typing this in a hurry.

[Trinity]

Disability Living Allowance (DLA) is a benefit paid to all disabled people, as Lucydog said, in the UK. There are 2 components, care and mobility. I think most people with SCI get high rate mobility, the care component amount seems to depend largely on who filled out the forms. I am thankful I still get higher rate care but I think I would struggle to get this if I were to be reassessed.

I no longer get incapacity benefit as I work full time

[greybeard]

DLA stops at retirement age after which you may get Attendance Allowance if you need a lot of care. I don't qualify as the criteria is set very high. I wonder what will happen if the compulsory retirement age is scrapped, as is proposed.

[graphic]

DLA stops at retirement age after which you may get Attendance Allowance if you need a lot of care. I don't qualify as the criteria is set very high. I wonder what will happen if the compulsory retirement age is scrapped, as is proposed.

Interesting point that greybeard - I wonder what will happen. I suppose the same question applies to Incapacity benefit as that stops at retirement age. If it means the government would save money they'll probably introduce a 'token' retirement age. I wasn't aware that the criteria for receiving Attendance Allowance was higher than DLA. Bit of an anomaly that, seeing as everyone received AA before DLA was introduced. I'd have thought anyone in receipt of DLA should automatically get AA seeing as one would need more help the older one got. Same goes for the mobility component of DLA - I guess we aren't supposed to go out after we hit seventy (or whatever the cut-off point is).

[Illinois Boy]

Last year I worked part time in 2006, you could make up to 750 dollars without losing your benefits........
You could actually make more, but then you have to fill out a bunch of bullshit forms showing your work related expenses....

I worked 3 days a week from 1983 to 2006...
Jim

[The Black Sheep]

I own a small business with my husband and recently have looked into some sort of medicare or partial insurance, and while we're working, I was told that we could not receive anything. I guess they assume that if you can own a business, you should be making enough to pay for $1100 a month in insurance, which is what we were quoted for MVP, and it's supposedly subsidized by SS/medicare. I don't know a whole lot about the system or what I might even be qualified for, but when I had talked to the social worker, she wasn't at all interested and we were flat out told no.

I am interested in this discussion because we're still going without health insurance, and we can't afford what we've been quoted by NY state. If anyone has any other info about where to apply or go, we're just looking for something basic or catastrophic-injury coverage that's not twice our mortgage. I'd greatly appreciate any input on it =)

[xxm]

I would like to express my gratitude to all of you for your sharing your personal social security experience.
Many spacial thanks to Hapahowlee for her detailed coverage of Mr. Happa's case.

Rudy

[cathie]

In Australia there are a few different payments that you are eligible for.

Disability Support Pension is means tested (if you have over a certain amount in savings or in assets depends on your eligibility) and if you start working there is a sliding scale, once you earn over a certain amount you are no longer eligible.

Mobility allowance is not means tested, but you are required to look for or be working at least 20 hours a fortnight and unable to use public transport without help (having to have a ramp put down counts as needing help). If you are working no matter how much you earn you are still eligible for the payment.

There are also education payments if you are studying.

[araitn]

Hapa,

Great, detailed post. Thanks for taking the time to put it in "print".

I hope things work out for you and Mr. Hapa!

[Illinois Boy]

I own a small business with my husband and recently have looked into some sort of medicare or partial insurance, and while we're working, I was told that we could not receive anything. I guess they assume that if you can own a business, you should be making enough to pay for $1100 a month in insurance, which is what we were quoted for MVP, and it's supposedly subsidized by SS/medicare. I don't know a whole lot about the system or what I might even be qualified for, but when I had talked to the social worker, she wasn't at all interested and we were flat out told no.

I am interested in this discussion because we're still going without health insurance, and we can't afford what we've been quoted by NY state. If anyone has any other info about where to apply or go, we're just looking for something basic or catastrophic-injury coverage that's not twice our mortgage. I'd greatly appreciate any input on it =)

Put the business in your husband's name, have him fire you because you can't keep up
with the job requirements in a wheelchair...... Go to your nearest Social Security office and file for benefits....

Hell, you might even collect unemployment benefits while your waiting....
Of course it will take 2 lousy years for you to get Medicare.....

Where's that GOD-DAMN free insurance our government passed, ha ha.......

Good luck,
Jim

[edlee]

Nobody said it would be free, Jimmie.

I am curious to hear some real world info on what all those pages of law, actually do. I do like the idea about having your hubby fire you, like Ill boy suggested You might find all kinds of help. Unemployment just got another bump up from the feds last month. A friend of mine became eligible for another year.

Has anyone seen any change in their health insurance coverage since that thing passed? Nobody I know has noticed anything, yet.
ed

[Tinbasher]

DLA stops at retirement age after which you may get Attendance Allowance if you need a lot of care. I don't qualify as the criteria is set very high. I wonder what will happen if the compulsory retirement age is scrapped, as is proposed.

Interesting point that greybeard - I wonder what will happen. I suppose the same question applies to Incapacity benefit as that stops at retirement age. If it means the government would save money they'll probably introduce a 'token' retirement age. I wasn't aware that the criteria for receiving Attendance Allowance was higher than DLA. Bit of an anomaly that, seeing as everyone received AA before DLA was introduced. I'd have thought anyone in receipt of DLA should automatically get AA seeing as one would need more help the older one got. Same goes for the mobility component of DLA - I guess we aren't supposed to go out after we hit seventy (or whatever the cut-off point is).

Actually DLA doesn't "Stop" at retirement. If you had it prior to retirement it continues. However you cannot claim it for the first time after age 65.

The anomaly is historical DLA has only existed since the early 90s, prior to that it was Mobility Allowance and Attendance Allowance. These were amalgamated into DLA and a lower rate of the Care Component and Mobility Component created.

Tin

[greybeard]

Actually DLA doesn't "Stop" at retirement. If you had it prior to retirement it continues. However you cannot claim it for the first time after age 65.

The anomaly is historical DLA has only existed since the early 90s, prior to that it was Mobility Allowance and Attendance Allowance. These were amalgamated into DLA and a lower rate of the Care Component and Mobility Component created.

Tin

Thanks for the correction Tin. You are, of course, absolutely right. I just regret I wasn't diagnosed until after 65. Incidentally, Motability is the same. Not applicable if you are diagnosed after 65 either. I assume it is still 60 for women.

[graphic]

Actually DLA doesn't "Stop" at retirement. If you had it prior to retirement it continues. However you cannot claim it for the first time after age 65.

The anomaly is historical DLA has only existed since the early 90s, prior to that it was Mobility Allowance and Attendance Allowance. These were amalgamated into DLA and a lower rate of the Care Component and Mobility Component created.

Tin

I still wonder what will happen with Incapacity Benefit though Tin as that ceases to be paid at retirement age.

[The Black Sheep]

Actually DLA doesn't "Stop" at retirement. If you had it prior to retirement it continues. However you cannot claim it for the first time after age 65.

The anomaly is historical DLA has only existed since the early 90s, prior to that it was Mobility Allowance and Attendance Allowance. These were amalgamated into DLA and a lower rate of the Care Component and Mobility Component created.

Tin

I'd just like affordable insurance. I could afford 300-400 a month if it covered both of us, but unless you're either really rich (we're FAR from it) or unemployed, there's no middle option. I like working. It keeps me healthy and social, but it's horribly discouraged here. We've had at least 3-6 people per week ask if we're hiring. We're not, but out of curiousity, I ask what kind of paycheck they'd like per week. People are asking for more than 15 bucks an hour, claiming we should bill 50+ per hour and then they continue to tell us how we should run our business. Somehow that bothers me. I've worked with plenty of people who felt they knew better than the owners of a business or company, and I would never want to hire someone who'd do that to us. But, point aside, if someone is not going to make 15+ an hour, they will just stay on the government dole. And I don't mean that in a bad way, necessarily. There are many who physically can't work or it would be harmful to their health, but there are so many people I've met who simply don't want to because it's not worth it to them.

After rent, mortgage, school loans and insurance on our building, my husband and I make a whopping $4 an hour, usually. I can't imagine hiring anyone, and on top of that paying an additional 7% of their SS, workmen's comp., insurance, etc. Why would anyone want to work?

[Illinois Boy]

Actually DLA doesn't "Stop" at retirement. If you had it prior to retirement it continues. However you cannot claim it for the first time after age 65.

The anomaly is historical DLA has only existed since the early 90s, prior to that it was Mobility Allowance and Attendance Allowance. These were amalgamated into DLA and a lower rate of the Care Component and Mobility Component created.

Tin

I'd just like affordable insurance. I could afford 300-400 a month if it covered both of us, but unless you're either really rich (we're FAR from it) or unemployed, there's no middle option. I like working. It keeps me healthy and social, but it's horribly discouraged here. We've had at least 3-6 people per week ask if we're hiring. We're not, but out of curiousity, I ask what kind of paycheck they'd like per week. People are asking for more than 15 bucks an hour, claiming we should bill 50+ per hour and then they continue to tell us how we should run our business. Somehow that bothers me. I've worked with plenty of people who felt they knew better than the owners of a business or company, and I would never want to hire someone who'd do that to us. But, point aside, if someone is not going to make 15+ an hour, they will just stay on the government dole. And I don't mean that in a bad way, necessarily. There are many who physically can't work or it would be harmful to their health, but there are so many people I've met who simply don't want to because it's not worth it to them.

After rent, mortgage, school loans and insurance on our building, my husband and I make a whopping $4 an hour, usually. I can't imagine hiring anyone, and on top of that paying an additional 7% of their SS, workmen's comp., insurance, etc. Why would anyone want to work?

Follow my advise above, and later have your husband hire you as a consultant for 750 dollars a month...

A good tax write off and you can up your monthly income up at least $1,000.....

Jim

[Tinbasher]

I assume it is still 60 for women.

GB! You should know better than apply logic to our benefits system. For DLA it is 65 regardless of gender for Incapacity (now ESA) I think it is "When you qualify for the State Pension".

I have real concerns for DLA, the recent govt report on DLA (if you are sad enough or paid to read it) shows a real lack of understanding of disabled peoples lives. Ironically the Motor Industry lobby may well help us in retaininmg the DLA Mobility but the Care is in my view in a very vulnerable position. The other real tragedy is the apparent closure of the Indepened Living Fund without even a whisper in the mainstream media or any political discussion.

Tin

[The Black Sheep]

Follow my advise above, and later have your husband hire you as a consultant for 750 dollars a month...

A good tax write off and you can up your monthly income up at least $1,000.....

Jim

$1000 ?!?!? Oh my! The sucky thing is I have the capacity to work, and I'm good at it. I like it. But like I said, working is discouraged here. There's more money to be made if I just sit at home. I don't know, that would make me feel so... unproductive. Why can't there be a middle ground? Cheaper, subsidized insurance for the self employed who don't make that much? Politicians think you're either uber-rich or can't work. Period. Ugh. I hate our government. Well, most of it.

[pinkcloud]

I assume it is still 60 for women.

GB! You should know better than apply logic to our benefits system. For DLA it is 65 regardless of gender for Incapacity (now ESA) I think it is "When you qualify for the State Pension".

I have real concerns for DLA, the recent govt report on DLA (if you are sad enough or paid to read it) shows a real lack of understanding of disabled peoples lives. Ironically the Motor Industry lobby may well help us in retaininmg the DLA Mobility but the Care is in my view in a very vulnerable position. The other real tragedy is the apparent closure of the Indepened Living Fund without even a whisper in the mainstream media or any political discussion.

Tin

I assume it is still 60 for women.

GB! You should know better than apply logic to our benefits system. For DLA it is 65 regardless of gender for Incapacity (now ESA) I think it is "When you qualify for the State Pension".

I have real concerns for DLA, the recent govt report on DLA (if you are sad enough or paid to read it) shows a real lack of understanding of disabled peoples lives. Ironically the Motor Industry lobby may well help us in retaininmg the DLA Mobility but the Care is in my view in a very vulnerable position. The other real tragedy is the apparent closure of the Indepened Living Fund without even a whisper in the mainstream media or any political discussion.

Tin

This is disgusting. Enough said

[tyvin]

I live in the states and heard all the horrifying stories of how our SSDI system keeps people off of it as long as possible. That it was a 90% you would not be OK'ed in the first attempt at applying for disability etc... How mean and unfair blah, blah, blah so I prepared. I got all the correct documentation and filed online. It took me 6 days to fill out the online application as I had to retrieve information that was asked for and I didn't have when it had already taken me 4 months to retrieve all the documentation (medical records, etc...). A note on getting medical records: it can be a gruesome loathsome task that requires you to be calling everyday to insure the process is being carried out. Ask for names of the people you talk to and write them down. Keep a journal about the process to refer to. It took a really long time for me to get mine and it was ridiculous as it was due to employee errors and the fact that they were not all educated enough about their jobs to keep the ball rolling so it collapsed a few times resulting in the long wait for my records.

Anyway...I had the phone interview and knew that I wouldn't be accepted the first time according to everyone but to my surprise I passed rather easily. My now SSDI worker told me that I was one of a few that had filled out the application correctly with all the needed documentation that they needed to investigate my case with. It took them 4 weeks to OK it but that's because they verify everything. But that was the key; all of the needed documentation.

In my line of work I have known many people who were receiving disability and not disabled. The scammers of the system have made the process of applying and receiving a living (you know what) heck for us who legally are qualified for it. It certainly is an outrage when one has to hire a lawyer just to receive the benefits and the odds are stacked so against people being accepted.

My advice for first time people in the states applying for SSDI is to get all the info no matter how trivial it may seem. Have all the correct and current addresses and names and numbers etc... You must have a record of all doctor appointments, hospitalizations, procedures, blood draws, treatments, all of, everything. Put yourself in the investigators shoes and see it through there eyes. Be on time for any interviews, ask questions when in doubt of what to do or what to submit, let them know your current address at all times and above all else be polite (even if it kills you). Yes I know; there are some pretty unintelligent people out there but unfortunately they're the ones who are in charge at the moment so it must be dealt with accordingly. In the end it is the patient person who prevails in my experience.

[DannyR]

I started out with a lawyer it ended up costing me $400. They told me from the start not to do any of the paperwork and forward it to them. Took 3 months to get approved. But you are right tyvin paperwork is so important that's why I went the way I did. I have heard stories about people waiting 6,7 years. As far as working I didn't think you could have any reported income. Maybe I'm wrong don't really know.

[airart1]

yeah in the states u can make as much as u want for 3 years, then u loose all benefits, but if u work part time u can do up to 900 a month i think they raised it too, it was 700 when i worked and we always kept it right under, plus u can take off gas, clothes, vehicle payment, anything that u are required to need for work, but as long as u stay under there amount u can work and still get your disability......

[Kwag_Myers]

Yeah, I realize this is an old thread. I just stopped in to research Medicare since I qualify as of April 1 (unless it's a joke) and this thread caught my attention. Anyway, here's my experience:

I accepted a full-time job as a temporary employee. In Michigan, we have a "Back to Work" program that allows me to earn any amount for nine months and still collect my benefits. I just have to report my earnings each month. After nine months, my benefits are adjusted based on my income for the next 26 months. At that time I have to either keep the job and lose my benefits, or quite the job and continue benefits. If I continue with disability, my monthly income cannot exceed $750.

However, my employment has no effect on my Medicare eligibility. I just have to wait the mandatory two years. I carried my COBRA as long as I could, and now I'm just living on a prayer until April.

Edited by Kwag_Myers, 06 January 2011 - 04:38 PM.