April 26, 2008
Will Attending College Hurt My Chances for Social Security Disability?
What types of activities can you participate in while you are waiting for Social Security to decide your claim? I received this question from a blog visitor:
Hello. I attend college, but my health has been declining for some time. I have a degenerative nerve disease, deteriorating discs in my lower back (not related to nerve disease), a sleep disorder, depression and ADHD. I filed a claim, and it is in appeal right now. Will continuing to attend college courses hurt my case?
Here is my answer: in my view, your attendance at college will hurt your disability case. Remember, the underlying question in a Social Security case has to do with your capacity for performing work or work like activity. If you are able to attend college courses, fulfil homework and long term assignment obligations and concentrate sufficiently to pass college level courses, many judges will conclude that you probably have the capacity for performing a simple, sit down job.
Even if your college schedule is part time, I think that you will be fighting an uphill battle. I have written many times before that Social Security sees things in black and white. A part time college course schedule suggests that your condition is manageable and that you most likely would have the capacity for unskilled work.
I have tried several cases before judges in which my client was enrolled in college courses and I can't think of a single instance where we received a fully favorable decision. So, everything else being equal, my experience has been that college course attendance will hurt your chances for SSDI.
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Comments on Will Attending College Hurt My Chances for Social Security Disability? »
I am aware of cases where students have received SSDI while attending college. Your medical evidence, showing ungoing treatment and loss of functionality, is extremely important.
I don't disagree with Fran's point, however, I think that any claimant who is attending college is going to have to explain how and why college attendance is not a functional equivalent of a simple, unskilled job.
I also strongly believe that attending college will hurt your chances and that is even with accommodations. I am an approved non-attorney representative and my Judge view your state of mind when evaluating you. If you are seeking work or college then that seems to indicate that you are looking to the future. There is nothing wrong with looking to the future but most disabled people tend to focus on the here and now. Finally, I use the old 1 for 2 rule–one class hour equals two hours of home work. Thus, 12 class hours equal 24 hrs of outside work which is almost 36 hrs total. Then add in the driving time and it usually hits 40 hrs a week at school.
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I experienced sudden hearing loss in both ears overnight last year. Previously I had been employed as a assisted living administrator but due to my diagnosis of Meniere's disease and subsequent auto accident that has left me with chronic neck, back and leg pain I am unable to work in my previous capacity. I went to the Division of Vocational and Rehabilitative Services and received assistance to get hearing aids as well as a tuition waiver. (This was before the auto accident). I was able to complete one semester of school in spite of the pain. However, this last semester i had to withdraw from one of the classes and was absent on several occasions due to the pain and lack of focus. I have applied for SSDI and would like to continue with school if my body allows to learn a new profession. The postings here have me very concerned. My husband has been out of work with an injury for more than a year. Financially we are crippled. The only hope we have of surviving is if I am approved for SSD. But, I don't want to be disabled and I am not looking forward to living like this for the rest of my life I am only 43. It seems to me like you are not expected to want to advance yourself in spite of detrimental injuries or health concerns. If we are able to learn a new profession and return to the work force in a meaningful capacity we are then able to pay into the system instead of draw from it.