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Wednesday, August 24th, 2016
Unemployment Benefits Do Not Preclude SSD
I represent a 55 year old former steamfitter with spine problems whose Social Security Disability (“SSD”) benefits were approved today in a decision by Administrative Law Judge (“ALJ”) Andrew Weiss. The initial issue the ALJ had to decide was whether the claimant had engaged in substantial gainful activity (“SGA”) .
The claimant had earned around $900 for one quarter, which the ALJ noted was below the SGA threshold, which is about a $1,000 a month. The claimant had also received money from his union’s benefit fund and from unemployment insurance, neither of which the ALJ found were from work activity.
It was nice to have an ALJ acknowledge that unemployment benefits do not bar SSD benefits. In the past, some ALJ’s, notably the Padro ALJs , had used a claimant’s receipt of unemployment benefits as an excuse to deny SSD benefits . Those denials were always overturned on appeal.
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- The Grids
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- Field Visit
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- “Fully Favorable” Decisions
- Treating Sources
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- Medical Updates
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- Possible Delay Remedy
- Unum Reassessment Loophole
- Benefits Despite Income
- Consultative Examinations
- “Accentuate The Positive, Eliminate The Negative”
- Dire Need
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- Police Disability
- Seminar
- Expediting LTD Benefits
- Uveitis
- TBI and Vocational Evidence
- Failure To Receive Notice
- Mental Disorders
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- Discovery In ERISA Cases
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- Multiple Sclerosis
- Avoiding Hearings
- Working Does Not Preclude Benefits
- Be Wary of Forms
- Exam Secrets
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- Overreach For Disability Retirement
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- Non-binding Disability Decision
- Always Check The Listings
- LTD & SSD
- Avoid Early Retirement
- Getting Benefits Faster
- Medical Records & Reports
- Corroborating Physicians
- Unemployment Benefits
- Miano v. Barnhart
- Benefits Despite Working
- Work History Credibility
- Reflex Sympathetic Dystrophy
- Arthritis Foundation
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