Iowa Social Security Disability Legal Questions

Social Security Disability Insurance (SSDI) is advance access to Social Security retirement benefits for disabled people of working age who have paid into Social Security.  It converts to Social Security retirement benefits when someone reaches full retirement age.  You are probably thinking of something else -- like Medicare and/or Medicaid home health care and, if your mother's Social Security retirement benefit is less than $771/month, Supplemental Security Income.  Discuss this with a local elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

NOT a good idea and could be considered fraud by the Social Security Administration, if you are considering this to hide income from the SSA. You would have to check the law for your state, however, in most LLCs, any income would pass through to your personal tax return. That said, you are allowed to earn a very limited amount of income and/or attempt to return to work without jeopardizing your benefits. Consult www.SSA.gov for details.... Read More

Perhaps. The only sure way to know is to apply. It may be a very difficult case because of no work in 10 years, but it can be done. You will probably need legal help. If you are successful, your benefits will only be retroactive to 12 months before the Social Security Disability Application, so it would be good to apply soon if you choose to do so at http://ssa.gov/pgm/disability.htm PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY. Be sure to visit my website for answers to other Social Security Disability questions.  ... Read More

Since 1988 I have been handling disability cases before the Social Security Administration, and yours is a very common question. My reply to "can I work while waiting ..." is to ask the client to answer the following two questions: What does your doctor say? Has the doctor told you not to work? Does the doctor know that you are considering this return to the workplace? What restrictions or limitations has your doctor outlined regarding return to work - part time or full time? What do you say? Are you up to it? Even, in your case, 3 to 4 hours per day? At what physical and medical cost to you, that is, will your conditions get worse?   You also need to know that if you work in the first 12 months of your disability you may complicate your case. Remember, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." If you have earnings that are above SGA (Substantial Gainful Activity) in that first 12 months, you must "start over" counting those 12 months. Your question makes it clear your financial situation is driving your decision. Until a decision is made, look to other sources for assistance? Contact your County and State agencies to see what benefits you may be eligible to receive, such as: food stamps, rent assistance, utility assistance, etc. Also, family, friends, churches (whether you are a member or not), charitable organizations. I don't think I am from your area, and I don't know specifics for you, but if you contact an experienced AV-rated lawyer that handles Social Security Disability, my guess is that she or he will give you some additional guidance.... Read More