what if i go back to work after my attorney appeals a ssdi denial

by Prof. Jessika Walker 7 min read

After you have been approved for disability benefits, if you go back to work and stop receiving your SSDI or SSI payments and at a later date, you become unable to work again because of your medical condition, you can ask social security to start your SSDI or SSI payments again.

Full Answer

What happens to my disability benefits if I return to work?

Denied for SSDI should I just go back to work? Social Security Disability Insurance (SSDI) is awarded to claimants who can prove they have a severe health condition that does not allow them to work for at least 12 continuous months. Recently on our disability forum a user asked, I have a severe health condition.

Can I stop receiving Social Security disability benefits?

Oct 24, 2017 · Question: After many years of collecting Social Security Disability (SSDI) benefits, I feel like I could manage a part-time ... social security disability COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours.

When do I need to have my disability case reviewed?

Sep 02, 2021 · The SSA has programs and back-to-work incentives to help you try and get back to work without risking the loss of your benefits. If you need help applying for social security disability benefits or appealing an unfavorable decision, call the Law Office of Nicholas G. Callas, P.A. at 803-369-3968 or contact us through our website for a free ...

How long can you receive Social Security disability benefits?

In most cases, you will continue to receive benefits as long as you have a disability. However, there are certain circumstances that may change your continuing eligibility for disability benefits. For example, your health may improve or you might go back to work. The law requires that we review your case from time to time to verify that you still have a disability.

How many times can you appeal a Social Security denial?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.Nov 26, 2019

Should I work while waiting on SSDI?

Generally, it is necessary that you be unable to work when you apply for SSDI and while waiting for a decision. The SSA presumes that you are not disabled if you are able to work, even if you work through the pain.Aug 16, 2018

How long does it take to reinstate SSDI?

In some cases, it may only take a month or 2. The average is around 6 months and in some cases it takes a year or longer.

Can a decision by the ALJ be overturned?

ALJ decisions are not binding legal precedent. Courts or federal agencies can overturn their decisions under certain circumstances such as where those decisions are unsupported by substantial evidence in the record.Nov 5, 2020

How do you survive while waiting for disability approval?

How can I stay afloat while waiting for Social Security benefits?Tip #1: Work While Waiting For Social Security Approval.Tip #2: Apply for Other Types of Support While Waiting For Disability.Tip #3: Find Other Sources of Support or Financial Assistance.BEWARE:More items...•Mar 2, 2021

What does it mean when a medical decision has been made and we are working to process your decision?

“A medical decision has been made” means that the medical decision under appeal has been completed once again. “we are working to process your decision” is actually good news. If the medical appeal decision was unfavorable, then no additional work would be needed on your case.

How do I restart my Social Security disability benefits?

To restart SSDI benefits, find out your release date. Once you are within 3 months of your release date, your caseworker can help you contact Social Security with information about your upcoming release. You can also call Social Security yourself at 1-800-772-1213 to report your release date.

Is it difficult to get SSDI reinstated?

As stated earlier, the medical disability standard for reapplication is more difficult to meet than the medical standard for EXR. A person could choose to reapply, and then be denied. If that happens, they may request Expedited Reinstatement. The EXR request date will not be retroactive to the application date.

What is expedited reinstatement for SSDI?

Expedited Reinstatement allows former SSDI beneficiaries whose benefits ended within the 5 previous years to get up to 6 months of temporary SSDI cash benefits if their income drops below the SGA level.

Should I appeal my SSDI denial?

If your application is denied at the Initial Application stage or Reconsideration stage, it almost always makes more sense to appeal those decisions and request a hearing in front of an Administrative Law Judge (ALJ) rather than to refile a new application.

Can an unfavorable ALJ decision be overturned?

You may appeal an unfavorable decision to the Appeals Council. Many cases that were initially ruled as unfavorable by an ALJ have been overturned either by the Appeals Council, a Federal Court, or by another ALJ.Apr 4, 2020

Do denied SSDI claims go to quality review?

Cases are pulled at random to be reviewed by the Disability Quality Branch. These claims include Social Security Disability claims which have been accepted and claims which have been denied. Roughly one in 100 claims is selected to be reviewed by the Disability Quality Branch.

Why won't disability lawyers help me?

Recently on our forum we had a user ask, “What if I need to appeal my Social Security Disability Insurance (SSDI) application denial but disability lawyers will not help me? Can I make the appeal on my own?” This is a great question, but the better question is should you appeal the denial. We will discuss this question below.

Why would a disability lawyer not take my case?

Disability lawyers work on a contingency fee basis which means they will only take a case if they think they have a chance to win; otherwise, they do not get paid. So, before you decide whether to file an appeal on your own you need to find out why you were denied and why the disability lawyer refuses to help you.

Can I file the Reconsideration appeal on my own without disability lawyers?

Yes, you have 60 days to file the Reconsideration paperwork to the Social Security Administration (SSA). If you do not file the paperwork in time, under most conditions, you will have to file another SSDI disability application and start the process again.