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Jerry D. Alford 301-A Yeager Highway |
Feel free to call or email Monday
through Thursday Phone: (304) 756-2100 |
ABOUT SOCIAL SECURITY DISABILITY
Social Security Trial Return to Work A disabled worker is not entitled to a trial work period if he engages in substantial gainful activity within 12 months of the initial onset of his disability. If the claimant returned to work more than 12 months after the initial onset of disability, work lasting less than six months would generally be considered an unsuccessful work attempt which would not adversely affect continuing disability benefits. Generally, earnings of more than $1,000 per month, on average, over the entire period of work, create a presumption that the individual has successfully returned to work. Disabled workers receiving Social Security disability benefits should consult with their district office regarding attempts to return to work.
Social Security Attorney Fees Applicants for Social Security disability benefits generally hire attorneys on a contingent fee basis. Under such circumstances, the Administration will withhold up to 1/4th of the total back pay for the claimant and his/her dependants, not to exceed a total of $6,000.00. Any expenses advanced by the attorney must also be reimbursed by the claimant.
Social Security Disability Offsets Disabled workers who qualify for both Social Security disability benefits and Workers’ Compensation disability benefits should consult with either an attorney or the Social Security Administration regarding potential benefit offsets. A disabled worker’s earnings history is used to calculate a cap on the combined benefits. If the combined benefits exceed the cap, the difference is deducted from either the Social Security disability benefit or the Workers’ Compensation benefit. Exact calculations are based on the worker’s earnings history.
Social Security Benefits This is a reminder that Medicare coverage does not begin until the 25th month of covered disability. Also, Social Security Disability benefits are not payable for the initial five month waiting period. Finally, please keep in mind, no matter how severe your disability, Social Security does not pay disability benefits unless your disability is expected to last more than one year.
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