QUESTION

I have applied for disability and I am in the waiting process, my pain is horrible but I''m a single mom of three children and I am running out of

Asked on Sep 08th, 2011 on Social Security Disability - Iowa
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money. The doctor wants to do surgery but down time would be another 3 months and I can not afford that. Would I lose all my opportunity of getting my disability if I just went to work for 3 or 4 hours a day whether I''m in pain or not? I''m going to lose everything I have if I dont get some money quickly.
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1 ANSWER
Answered on Oct 07th, 2011 at 11:36 PM
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.

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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