Yesterday we discussed “amending the onset date” in a Social Security disability case. Today we will examine last week’s case where our client had been denied benefits several times, first in Georgia and then in District of Columbia. While this middle aged woman had several serious medical conditions, she had been denied Federal disability benefits and was unable to afford continuing medical care as she was no longer employed. For over 12 years she had been a substitute teacher. But because she could work when she felt well enough to do so, and often only worked for a few hours when she did show up, we argued that she did not engage in “substantial gainful employment.” Our client was paid for full days even when she only worked an hour or two.

Federal law does not allow for Social Security Disability benefits if the claimant makes too much money from work. After many years of school service, our client was paid based upon her years of service, so her earnings exceeded the Federal earnings limit. The Social Security team at ABRAMS LANDAU put together legal research on earnings and “Unsuccessful work attempts.” Our Herndon office also filed a brief with the judge asking that the “date of onset” be amended to take out the quarters that the claimant earned too much. When we arrived in Washington, D.C., the questioning was difficult, and the claimant and her family were afraid of another “unfavorable” opinion. But with the agreement to amend the onset date, and the proof of the minimal requirements of her part time job, we were able to get favorable Social Security disability decision, with no delays, appeals or uncertainty.

If you or someone you know or care for is disabled from work, contact an experienced Social Security Disability lawyer to help you and your family and answer your questions about what laws apply. Because there are strict time deadlines in Federal disability cases, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.