http://www.ssdanswers.com/2008/05/01/will-graduate-student-work-stipend-cause-paraplegic-to-lose-ssdi-benefits/ Social Security Disability Blog - moderated by Jonathan Ginsberg Wed, 11 Nov 2009 18:21:59 +0000 hourly 1 http://www.ssdanswers.com/2008/05/01/will-graduate-student-work-stipend-cause-paraplegic-to-lose-ssdi-benefits/#comment-7729 Gerald W Riley Mon, 05 May 2008 05:24:17 +0000 http://www.ssdanswers.com/2008/05/01/will-graduate-student-work-stipend-cause-paraplegic-to-lose-ssdi-benefits/#comment-7729 If you follow what is referred to as the five step administrative review process then on an it could be said that your earnings of lets say $10000.00, on the average, in return for work of 10-20 hrs a week will technically keep you below the earning cutoff for 2008 ($11280 or $940 a month). Step 2 requires a severe impairment, which you have, and step 3 requires you meet or equal a listed condition which you do. Therefore you are eligible. However, lets say you case is reviewed because of your earnings. One question that I have is the money you received taxed by Social Security. If is not taxed then one could argue that it is a grant. The other way to approach this, the best way I think, is to ascertain the true financial value of your work. For example, lets say you do is research, and some is hired who is your age, education and work experience but is not disabled and does the same thing. They receive no stipend and it is just a job. Is the value of your work worth less than $940 a month? If it is then you may be able to argue the excess is a grant of gift and thus not countable. However, putting that aside, if you work 10-20 hrs a week plus attend school full time then on review they may show that you are able to work full time at a sedentary job. Unless you require special accommodations to work at a what is referred to as less than sedentary ( a job that requires sitting all day and no walking or standing) then your benefits appear to be in danger of termination. If you follow what is referred to as the five step administrative review process then on an it could be said that your earnings of lets say $10000.00, on the average, in return for work of 10-20 hrs a week will technically keep you below the earning cutoff for 2008 ($11280 or $940 a month). Step 2 requires a severe impairment, which you have, and step 3 requires you meet or equal a listed condition which you do. Therefore you are eligible. However, lets say you case is reviewed because of your earnings. One question that I have is the money you received taxed by Social Security. If is not taxed then one could argue that it is a grant. The other way to approach this, the best way I think, is to ascertain the true financial value of your work. For example, lets say you do is research, and some is hired who is your age, education and work experience but is not disabled and does the same thing. They receive no stipend and it is just a job. Is the value of your work worth less than $940 a month? If it is then you may be able to argue the excess is a grant of gift and thus not countable. However, putting that aside, if you work 10-20 hrs a week plus attend school full time then on review they may show that you are able to work full time at a sedentary job. Unless you require special accommodations to work at a what is referred to as less than sedentary ( a job that requires sitting all day and no walking or standing) then your benefits appear to be in danger of termination.

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