There are many circumstances where a person can work, yet still be entitled to disability benefits. Yesterday, a court ruled just that in Miano v. Barnhart, a case where I represented the plaintiff against the Social Security Administration (the “SSA”).
The SSA argued that the plaintiff alleged she became disabled on April 26, 2000. However, both the plaintiff’s application and Disability Report averred that her disability onset date was February 19, 1997.
Plaintiff admitted that she worked at Kohl’s as a stock clerk for about four months until April 26, 2000, where she earned less than $800 in 1999 and less than $900 in 2000. However, the plaintiff made clear that February 1997 was her disability onset date because the Kohl’s work was an unsuccessful work attempt. The SSA refused to address the plaintiff’s arguments that her work at Kohl’s constituted either an unsuccessful work attempt or a trial work period, or was not substantial gainful activity, either of which would allow benefits.
Kohl’s terminated Plaintiff in less than 6 months because her work was unsatisfactory due to her impairments. Therefore, the Court agreed that the plaintiff’s work at Kohl’s could be an unsuccessful work attempt. Moreover, because the amount earned was so low, the Court also agreed that the plaintiff’s work at Kohl’s probably was not substantial gainful activity either. Accordingly, the Court refused to uphold the SSA’s decision denying benefits.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2022, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou