Pennsylvania Social Security Disability Legal Questions

I would call that a good start. You can certainly file and it is free to do so at http://ssa.gov/pgm/disability.htm  The reason it is "a good start" is that the statement is a conclusion, and one that is reserved to the Commissioner of the Social Security Administration to make, based on evidence.  You will need more than the medical document. It would be good to consult an attorney (see link below) as it can be frustrating and confusing to find your way through what is necessary to win your case.  Often, without help, it is too hard on you - after all, you are suffering from a medical disability. PLEASE NOTE the following:  An attorney-client relationship is not being established because of the information provided above; 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; TO SEEK LEGAL ADVICE IMMEDIATELY go to http://goo.gl/cf1UM to find someone in your state.  Be sure to visit my website for answers to other Social Security Disability questions. http://haller-law.com/faq  ... Read More

Based upon the information you have given I will answer your questions but also ask questions of my own. 1. My question is this SSD (Social Security Disability) fraud?   Maybe, but maybe not. True, there are rules against working and receiving SSDI benefits. However, there are rules that allow working and receiving SSDI benefits. These rules were designed to help individuals get off the benefits and back to work. Of course, one has certain responsibilities when receiving Disability benefits, and reporting a return to work is one of them. So, if the individual reported to SSA, returned to work, and has not worked more months than allowed in the trial work period, this is not fraud.  The SSA website states: "During your trial work period, you will receive your full Social Security benefits regardless of how much you are earning as long as you report your work activity and you continue to have a disabling impairment."  Notice that the amount earned in those trial work months does not have a maximum, and depending precisely on the amount per month it may not count as a "trial work period" month if the amount is small enough. 2. Should I report this? This is a very serious charge with dire consequences. If you feel that fraud is being committed, then yes, report it. Fraud is a crime, it is serious, and flagrant violations should be reported. You seem very sure of your facts: age, monthly income, location of work, status as current recipient of SSDI benefits ... are you sure? Are any of these "assumptions" or "estimates" or "beliefs." Are you sure that this person has not complied with the rules referenced above? This link will let you know the steps to take and the information necessary to report fraud to the SSA. 3. If it is fraud what are the consequences of committing this fraud? First, there is an investigation. Only IF fraud is determined to have occurred by the investigators is a notice issued by SSA, requiring repayment of benefits. The individual accused has rights to appeal, and to continue to receive benefits if they so request with the knowledge that repayment of those additional benefits will be required if all appeals are unsuccessful.  ... Read More