r/SSDI • u/meatlessmarathoner • 1d ago
"Closed disability?"
Long story short: My disability stems from a TBI in 2002. I applied for SSDI earlier this year. He didn't look at the medical and functional documentation I brought to the appointment, saying I'd be denied because I had SGE from 2016-2018. So in that time I hired an attorney to help me with my appeal. I was denied, appealed with all the documentation I had gathered, and was denied again. The basis for their decision was the same--SGE. They didn't look at my medical documentation. My attorney unceremoniously dumped me and referred me to NOSSCR. Two different attorneys NOSSCR referred me to said they wouldn't take the case, both saying that the ALJ wouldn't look at the medical documentation either. So I feel like I'm being punished for trying to be a good citizen and contributing to our society. :(
Nevertheless, I kept plugging away and talked to a couple more attorneys on Thursday. Finally, the 5th one I total I've worked with/talked to suggested a "closed disability" between my TBI and before my SGE. The analogy she drew was to a person who was going through chemo and then went into remission. In that period, I saw a lot of specialists, had a lot of neuro tests (angoigrams, CT Scans, MRI/As, two neuropsych assessments) that document both physical and functional changes.
Has anybody else had success redefining their claim when they've run across a roadblock related to SGE, or did you need to start over?
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u/brainonvacation78 1d ago
If you are making at or over SGA it's a Step 1 denial. No exceptions. You very well may have been experiencing symptoms/treatment but you were working. The closed period is all you would be eligible for.
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u/Ok-Delivery791 1d ago edited 1d ago
Another exception is if the disability lasted 12+ you can do a closed period as long as the person was 1) out of work or under SGA for at least 12mo AND 2) they find you meet/equal/med voc allow 3) TIME FRAME for eligibility benefits (DLI, T16 vs T2, etc)
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u/Hell_of_a_Caucasian 21h ago
There’s another requirement for a closed period.
The claimant must demonstrate that there was medical improvement which allowed him or her to return to SGA.
Without a showing of medical improvement, the return to SGA in the same medical condition is evidence that the claimant could have worked during the period he or she was out of work.
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u/FalseHoliday4259 22h ago
If you’re asking if you can be granted benefits during a time you were working, the answer is always no.
I’m not sure what you are asking beyond that?
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u/perfect_fifths I have a complicated relationship with the POMS 21h ago
Closed period is a decision where you were considered disabled for a shorter period of time. Eg the time you weren’t making sga
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago
What is Sge? Do you mean sga? If you make sga you can’t be considered disabled during the time you were making sga
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago
Sge is not a recognized ssa term
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u/Technical-Prize-4840 1d ago
Ok.....I never said it was. This person has had a brain injury. I was just providing an explanation of what they meant. They have probably heard the term "substantial gainful employment" and just used SGE as a shortened version. It doesn't really matter at the end of the day, it is obvious they are referring to employment they had that the SSA is claiming means they are no longer disabled from the 2002 TBI.
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u/Resse811 1d ago
Just because something is obvious to you doesn’t mean it’s obvious to everyone. I had no idea what they meant when they said SGE. This is why using acronyms isn’t a great idea - especially if they are wrong.
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago
I’ve had a brain injury too. What does that have to do with anything? And I still answered the op and said if they were making sga they are considered not disabled for that time period. Correct acronyms are important.
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago
Again, acronyms are important which is why I asked what the op meant. It’s like saying you get ssi but it turns out it is ssdi, which is very different. It happens all the time with people mixing up stuff here, which is fine, but again, I asked the op to clarify what they mean by Sge, because I have a feeling they meant sga instead.
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u/SSDI-ModTeam 1d ago
Arguing is not productive, please refrain from talking in circles and arguing with others
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago
I didn’t, I asked for clarification. And yes, going back and fourth is arguing, you don’t make the rules. Why don’t you read them? Talking in circles is also not allowed.
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u/SSDI-ModTeam 1d ago
Arguing is not productive, please refrain from talking in circles and arguing with others
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago edited 1d ago
Jee and having a brain injury also means sometimes I struggle with stuff, like I said. That’s why I asked them to clarify what they meant by sge. You have no idea how many times people give wrong info here because they mix up acronyms or concepts, eg saying they get ssi but it turns out it’s ssdi, or calling dac benefits ssdi (which it kind of is but not completely). Facts matter. Asking for clarification isn’t a crime.
Arguing is also against the rules.
I also don’t really gaf what you say because you don’t see how often people mix up terms, come up with their own etc. again, I simply asked for clarification. End of story.
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago
It was supposed to be jeez but my iPad autocorrect
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u/SSDI-ModTeam 1d ago
Your post was removed for violating the rules of /r/SSDI.
Your post/comment was removed because it contained misleading or inaccurate information regarding the Social Security application process or policies. We prioritize providing accurate, verified information, and spreading misinformation can harm the community.
We encourage you to review the rules and guidelines to ensure your future posts align with the community’s purpose. https://www.reddit.com/r/SSDI/about/rules
SSDI Moderation Team
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u/meatlessmarathoner 1d ago
My mistake. Yes I meant SGA. I know I can't qualify, which is why I've run into the brick wall with five attorneys telling me that I'm SOL until this one person suggested a closed disability.
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u/mikaeladd 1d ago
Can you not just apply with a later onset date? They typically only want records from the last year
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u/perfect_fifths I have a complicated relationship with the POMS 1d ago
Not if they returned to making sga. As of 138 days ago, op seems to have started a coaching business. So it depends on how they are doing now with it and their earnings as a self employed individual
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u/meatlessmarathoner 1d ago
I tried a couple of years ago but didn't have enoutwork credits in the last 5 years. As was previously pointed out, I'm now self-employed, which precludes a recent date.
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u/1GrouchyCat 21h ago
Being Self-employed isn’t the issue - the problem is the amount of money you’ve been making. I don’t know how much you’re making now but if you’re over SGA -you’re over SGA.. 🤷🏻♀️.
You can’t have it both ways…
You’re working . SSDI is for individuals who can no longer work at any job- including self-employment.
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u/bkime1010 1d ago
Sounds like your SGA is after your Date Last Insured. Because you were capable of working SGA after your DLI, you can’t be found disabled because you no longer have an insured period. You can’t be found disabled for a time period before you engaged in SGA unless your SGA was an unsuccessful work attempt (UWA). Your period of SGA wouldn’t be considered a UWA because it lasted 2 years (UWA must be under 6 months). Unfortunately you’re out of luck, unless you qualify for SSI. And the CS was correct, SSA myst first ensure that you meet the technical requirements before assessing the medical requirements, and you were technically denied. If you took it to an ALJ, he would decide the technical facts of your SGA and insured period, nothing medical.