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?

April 27, 2008

Fran Wishnick @ 4:33 pm

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.

Jonathan Ginsberg @ 10:12 pm

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.

April 29, 2008

Gerald W Riley @ 2:54 am

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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June 10, 2008

simpleemee @ 9:22 pm

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.

November 26, 2008

Yolanda Harris @ 10:48 pm

Hello, I agree with simpleemee. Even though, I was diagnosed with Lupus (SLE), and Sarcoidosis (SSA) they seem to think everyone is abled bodied to work in some way shape or form. My body is going through its transition and the symptoms can be very disturbing. However, I applied for SSDI also and I'm in the appeal status as we speak. I have a Lawyer representing my case as we speak. So now for the hard part is to wait. What did anyone do about income? please share this with me I'm currently on a medical leave from work and I have no source of income present? Help.

December 27, 2008

welovecoupons @ 6:05 pm

It took about a year for mine to go through. I was lucky enough to have a partner that made enough for us to survive on. I also sold items on ebay and used coupons to shop. You would be suprised at the items you get for free using coupons. Search for some coupon forums.
I know it can be a pain and they always deny the first time, so appeal get an attorney and be pursistant. I called the soc # at least 3-5 times a week and I think that really helped speed it up. Be prepaired if the judge rules in your favor, you still have a wait before you start getting ang money in. Call soc and have your bank account info in there and you can do your kids app on the phone with them before you even get a judgement this will speed payment up in the end.

December 28, 2008

Tina @ 8:16 pm

I am on disability and have been told that I may never return to work again, for sure not as a General Manager of a resturant. I am very interested in taking online and maybe a course or 2 at the local community college. I don't care if it takes me 5 years to complete a course but I do need to change careers and thought this would be the right time. I had back surgery I ended being one of the 20% that came out worse. Why, could be because of the Lupus or Kidney problems I have been dealing with for over 11 years. It doesn't matter but I was told I could never go into my field. What worries me if in five years they say oh you can work and they figure some minumim wage job, and we won't be able to live. I just thought that maybe earning a degree while I stumble through online classes at home could help. Maybe I would even find a job I could do part time to get off disability. I live in Wisconsin so I don't know if that cchanges things. Any wise word anyone can send would be greatly appreciated. I know I can contact SS, but if its a negative I don't want them to know I'm looking. Right now I know I can't go back to work. After the first of the year we are starting with my Kidney issues of not even working at 50% that was not even considered in my social security disability back when I was approved. Don't they want us to try to get off it with what ever help we can get.

May 22, 2009

derek @ 12:05 am

Okay, can I clear this up for ppl? You can go to school and can work when you get the disability! It looks bad however, if you do while waiting. I know its ironic. How do I know? A kid with Adhd gets SSI, and goes to a technical college. Not online classes, but a tech college. Also tons work with ssdi.In moststates, for every $2 you make, they take out $1 for your check. Secondly, it does suck. What do you do? If your waiting for ssi( especially in appeals ), you have nothing and cant get nothing. My advice, while your in ur iniial try to have as much documentation as you can and try to get pressumptive disability. Its rare, but having all the doctor support and documentation will help. Also, when ur doc write a note, makes sure it spells out your problems in detail. Not just a note stating," So and so cant work do to this". You need documented proof, and detail.
Another thing, they just dont go by a doctors letter, but the documentation thats in your file. Ex. If your filing a mental case( which is best odds of winning btw ), what is in your file. Just going to the ER is not enough. Were you admitted by a doctor? Did you go to the cardiovascular floor because your anxiety attacks/Bipolar,hypomania were so bad?,ect,ect. I am just giving examples.

Okay Phase 2-Your case-

Most likely there will be a vocational expert. Sometimes they are qualified enough, sometimes not. They really should have medical experts. Also, sometimes in say back injury cases, they will look at records from an occupational therapist. One of the most faked disorders are back/shoulder and adhd. See for those who are lying, an OT can easily see. I learned disability cases for back and shoulder my first class in occupational therapy in college. So, if we learned that in our first class, guess how much else we learned in regards…I will not comment any further because there are ppl who scam the system.

Overall, the system can stink! How can sum1 claiming adhd attend college at a tech school( while on disability ) while someone with breast C waits? Answer: It is what it is, and the difference is one person got it, the other didnt. However, if you have the proper documentation both in file and in hand to support your case, then the odds of intially winning are higher. Also, you can have a chance at whats called pressumptive disability( although its rare ). Also, ppl if you dont want to visit the SSDI docs( either because you fear it or dont trust ) then m,ake sure u have your own doctors. More times or not, they send you to a doc because there is a lack of info in your files, you lack doctor visits per your condition you claim, or they want to get a better feel. However, if you have been keeping your appts and your condition is bad, and documented in your files..then theres an okay chance they wont send you to their docs. I was in OT until they extended it, so in a degree of science and cardiovascular I went…lol. This may not be the best I can give you, take it for what its worth. However, anyone that tells you documentation doesnt matter in your file( unless a crazy circumstance ) then A) they are in for pure money, or B) Dont know what they are really talking about. You have better chances if in your files your doctor explains everything out, or in letter. I think documentation figures in more though. So have DOCUMENTATION of your problems. Have it by going to your doctor. Alot of ppl are too proud to tell their doc everything, until things get super bad. Trust me I know what its like, I had 3 concussions, a partial fractured skull, a spinal tap because they thought one of my concussions gave me bleeding in brain( it was that bad ). I broke my clavicle( collar bone ) and still played football and made two more tackles in a football game. However, when it comes to your case and your health, tell your doctor. Sometimes you can have too much pride. One year I played BB with a dislocated biceps tendon in my throwing arm. Plus many other injuries. I had too much pride to tell my coach cause I thought he would pull me out. Well guess what? Your case isnt a sport, and your doc should be bound by confidential not to tell neone( like next door neighbor ect ) about your case. Dont let your pride get in the way of your case.

Do note: That if your case dose go to court, when I said you want get anything I meant, while your waiting. I didnt mean you wont win your case, I am just clearing that up if sum1 misunderstood. I know sum1 who won their case by going to court with a very mediocre disability. She told me they had many ppl there. What she was prob referring to was medical experts, plus vo-expert. Most likely because her case was very mediocre, and the judge needed to make a better determination( seems was a sympathetic judge ). However, this person sorta cheated the system. I wont get into why, thats why I said mediocre. So yes you can win in court. Also, some states or judges may or may not be more conservative than others. Hopefully your lawyer( I would think ) would have an idea of what ur judge was like. This is just info from what ive heard and studied. The reason I write, I do feel bad, I suffer from tons of injuries and other,went OT, then cardio and science…cause injuries I went through. Plus I heard stories. GL!

June 27, 2009

Garnet Johnson @ 12:50 pm

I just completed my first semester of college(4.0). I had a light stroke/tia 6yrs ago. Since then I suffer with a severe stress disorder. When I am stressed i cannot comprehend the simplest of tasks, i go blank, get totally fatigued, my head roars loudly so I cannot hear well (Meniere's ear) , then my body temperature raises to the point that sweat runs down my body. I then get extremely sleepy and have to lie down until it passes. I do not take any antidepressant because I do not tolerate meds well. I do take plavix,tenorim (mitral valve/heart racing), nexium(Hiatal hernia)(diverticular disease), 4 baby aspirins, fluid pills and potassium daily. Since the stroke I struggle greatly with my memory and have to read a topic at least 3 times before i can comprehend the subject and understand the directions. I have applied for my ssi in pikevile ky. but was denied twice. they stated that i could do light non-demanding work…so i enrolled in college…Everyday is so stressful because of the demand that i am fatigued all the time. i am single mom,i am divorced (age 49) with one daughter (age 14) Can you help me?

July 12, 2009

Cherie Miller @ 1:06 am

I have worked as a SSD advocate for several years and attending college WILL not just hurt your chances it will, in some instances, make the admin' Law Judge reviewing your case angry that you are wasting the courts time.
SS doesn't just look at your medical disability; it looks at whether you can hold down a job. That includes whether you will lose so many work days due to medical appointments and your illness that you will not be employable. Schools generally will drop you for excessive absences, if you can attend enough school days not to be dropped from your classes then you can work.
Keep in mind the fact that you will, more than likely, be denied and have to go to the admin hearing level and in most cases it takes 2 1/2 to 3 years for a hearing date.
C. Miller

September 17, 2009

Bill Rhodes @ 4:23 pm

How does Social Security find out that you attend school? Anybody knows?

October 9, 2009

What if you already on disability and have been 10 years @ 7:15 pm

I have been on disability 10 years due to seizures. I tried school once and couldn't handle it. I would like to try again. I'm worried if my doctor sign a form and release me for school they will stop my disability. I have to have the form signed for financial aide. Please e-maul me if anyone know the answer. Thanks