Can I Work While Receiving Benefits?

If you are receiving disability benefits and are interested in working, Social Security’s Work Incentives Program can help you. Special rules make it possible for people who are receiving Social Security disability benefits or Supplemental Security Income (SSI) to work and still continue to receive monthly disability payments until they are able to work on a regular basis. 
In addition, if you cannot continue working because of your medical condition, your benefits can start again—you may not have to file a new application.

Work incentives include:
– Continued cash benefits for a time while you work; 
– Continued Medicare or Medicaid while you work; and 
– Help with education, training and rehabilitation in order to start a new line of work. 

The rules are different under Social Security and SSI. 

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Is Alcohol Abuse A Disability?

1. The commissioner erred as a matter of law in determining that alcohol abuse was a material factor in causing Plaintiff’s disability.

   An individual shall not be considered disabled if alcoholism or drug addiction would be a contributing factor material to the Commissioner’s determination that the individual is disabled.42 U.S.C. § 423(d)(2)(C). The 9th circuit has determined that the “key factor in determining whether drug addiction or alcohol abuse is a contributing factor material to the determination of disability is whether an individual would still be found disabled if [he] stopped using alcohol or drugs.” Sousa v. Callahan, 143 F.3d 1240, 1245 (9th Cir.1998) ;see also 20 C.F.R. § 404.1535(b)(1) (same). The test therefore as to whether alcohol is a material factor is the following:

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Social Security Disability Lawyer – Dr David Anaise, MD – Tucson

89% Approval Rate in Tucson 

According to data from the SSA only 30% of claimants are approved by the SSA.  Of those denied at the initial level only 40% obtain benefits after a hearing when representing themselves and 63% obtain benefits when assisted by a lawyer.  By 11-01-2007 I represented 240 claimants before the SSA in Tucson. The approval rate of the entire group was 89%.  ( see table) Appeals were taken on behalf of 20 of the 27 claimants denied. The results of the appeals are still pending.  I expect at least 60% success in this group resulting in further improvement in the approval rate of the entire group.

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