- DISABILITY CLAIM FAQ
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.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.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou