Practice Areas

Social Security Disability, Workers' Compensation, Personal Injury, Divorce

Social Security Disability Attorney in WV

Returning to Work After Social Security Disability

Disabled persons are eligible for a trial work period if it has been more than 12 months after the initial onset of his or her disability. A disabled worker is not entitled to a trial work period if he or she engages in substantial, gainful activity within 12 months of the initial onset of disability. Work lasting less than six months would generally be considered an unsuccessful work attempt, and this 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. Attorney Jerry Alford recommends disabled workers receiving Social Security Disability benefits consult with their SSA district office regarding attempts to return to work.

Attorney Fees for Social Security Disability Cases

Disability applicants generally hire attorneys on a contingent fee basis. This means that the Administration withholds up to one-fourth (25%) of the total back pay for the claimant and his or her dependents, not to exceed a total of $6,000. The claimant must also reimburse expenses advanced by the attorney on their behalf.

Social Security Disability Offsets

If you are a disabled worker who qualifies for both Social Security Disability and Workers’ Compensation benefits, consult with an attorney, like Jerry Alford, or the Social Security Administration regarding possible 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

Reminders from Attorney Jerry Alford

Medicare coverage does not begin until the 25th month of covered disability, more than two years. Also, Social Security Disability benefits are not payable for the initial five-month waiting period. Keep in mind that no matter how severe your disability, Social Security does not pay benefits unless your disability is expected to last more than one year.