Midwest Disability, P.A. Midwest Disability, P.A. Midwest Disability, P.A.

March 2016 Archives

What is the Social Security Administration's Trial Work Period?

It can be such a time-consuming process to qualify for disability payments that disabled persons might feel pressured not to venture back out into the workforce again if they start feeling like they might be able to work again. This is because they are afraid that working will disqualify them to receive disability. However, within the Social Security system the law allows you to conduct what is referred to as a "trial work period" in order to test if you're ready to work again.

Getting SSD benefits for family members

Millions of Americans rely on Social Security disability benefits to pay for their monthly living expenses. What many people do not realize, however, is that the Social Security disability recipients themselves are not the only ones relying on this important government aid. Indeed, the family members of these benefits recipients are also reliant on disability money to survive in many cases. The government recognizes this fact, and for this reason, legal dependents of Social Security disability recipients may be eligible for additional benefits.

Is it ever beneficial to suspend Social Security benefits?

Strategizing when to take retirement benefits from Social Security can be difficult when a Minnesota resident is deciding whether to delay payments and receive a higher monthly benefit later, or to take payments now and receive a lower monthly benefit. Interestingly, there currently exists an option for those who have already agreed to start taking their payments to actually suspend their payments and benefit from higher monthly payments once they are reinstated at a later time.

Protecting your job during your tour of duty

Military service personal from the National Guard and Reserves can get called to duty at a moment's notice, but this does not mean that they have to quit their day jobs. Indeed, the Uniformed Services Employment and Reemployment Act requires employers to re-employ workers who had to leave their jobs temporarily to serve their country. This federal law protects military members from being discriminated against based on their military service obligations.

Borderline Age Situations

In deciding whether an applicant meets the qualifications for disability benefits, Social Security Administration will apply a five-step process known as sequential evaluation. The final step in the process considers vocational factors (age, education, and past work experience) along with the claimant's residual functional capacity, to see if the individual can make an adjustment to other work. Where enough vocational factors are favorably present, the medical-vocational guidelines ("grid rules") at Appendix 2 to 20 CFR 404.1569 should warrant disability for individuals who have reached a certain age bracket. Essentially, the rules lean toward a finding of disability for elder claimants with limited education and/or no transferable skills.

Dignity and Respect

As early social welfare systems focused on means-tested assistance programs, individuals who received government benefits were often stigmatized. Even today, there are those who deem Social Security as money wasted on the indolent and irresponsible, and those asking to receive their benefits are sometimes viewed with loathing and contempt. Yet, our Congress was clear in defining the Social Security program. "Social Security is not a handout; it is not charity; it is not relief. It is an earned right based upon the contributions and earnings of the individual. As an earned right, the individual is eligible to receive his benefit in dignity and self-respect."

MIDWEST DISABILITY office locationS

Midwest Disability, P.A.
408 Northdale Boulevard Northwest
Coon Rapids, MN 55448
Toll Free: 888-351-0427
Fax:763-862-7521
Coon Rapids Law Office Map

Super Lawyers The National Trial Lawyers | Top 100 Trial Lawyers