I'll try to make this as short as possible.
BACKGROUND: For 12 years worked as a full time escort. Semi-retired three years ago and got a legit job. Only see a handful of clients in a year now. Always pay taxes but list all escort earnings as 'self-employed event planner.' I obviously have no paperwork or client list to back up that cover story. THE PROBLEM: I have recently sustained an injury (not on the job so worker's comp is not an option) that may hinder my ability to work, legit or otherwise, for years to come. I looked into applying for SSI Disability. They take all disability cases on contingency so paying is not an issue. The problem is they ask for your employment records for the past 15 years to determine if you're eligible. Can I tell them the truth and not ruin my chances to qualify? I mean, taxes were paid so I can't get into legal trouble. But the embarrassment is something I'd rather avoid, and not sure if illegal work in my past will preclude me from qualifying for SSIDI. Any legal eagles out there know the answer?First, an attorney is bound by the rules of ethics to maintain the confidentiality of information you give him, so long as it is shared as part of an attorney client relationship. If you hire him, he cannot divulge it. The privilege belongs to the client, not the lawyer.
Second, swallow any embarrassment about your work history. Hiding information from the lawyer negatively impacts his ability to represent you.
Third, "eligibility" for DIB doesn't depend on how you made your income so long as you reported it and paid self employment tax.
Fourth, the attorney should be getting your DIB work history from the SSA, not you. Any good lawyer will want your official record to determine eligibility.
Last, depending on your age, DIB isn't easy to get. If you are under 50, you basically have to be unable to do any job in the national economy. If you can sit and stuff cotton balls into pill bottles you don't qualify. Over 50, the rules are a bit easier.
Hope this helps. Just remember that free advice is worth every penny.
You've gotten good advise.
I wish I'd gotten the attorney sooner rather than later. The attorney takes the case "on contingency" & gets usually 1/3 of the initial settlement. The longer you wait... or the application takes... or the appeal takes... the more the attorney gets. BUT that's ok because that's allthey get & your benifit wil be all yours from then out.
I initially filed on my own (before the days of on-line applications) & the information they had written down was full of mistakes. Take your time. This is too important to rush through. Do it right. Double check everything. I don't know what the forms are like now but see if you can print them out & be sure you have all your ducks in a row.
My main doctor... critical to my case... did not bother returning the paperwork so, of course, I was denied. My attorney solved that problem. Without knowing your injury... If the doctor you are seeing doesn't support from your claim... find one who will.
I believe the amount of your benifit is based on your last 3 years worked. Working part time or taking a lesser paying job reduces your benifit calculation. Better to file promptly.
Disabled persons can still work up to a certain amount... above that, your benifit is reduced (1$ for every 2$ earned last I knew) & eventually cut off.
Every job I'd ever held was looked at to see if I could return to those professions. I made a mistake... I let a copy of my old resume be made public, I was just luckly there was nothing on there that damaged my case. I should have hand copied the pertinant dates I needed
1) Some information is online:
http://www.nolo.com/legal-encyclopedia/disability
2) The book is reasonably priced; your local library may have a copy:
http://store.nolo.com/products/nolos-guide-to-social-security-disability-qss.htm
Any library should be able to borrow the mentioned book via inter-library loan.
https://www.ssa.gov/disabilityssi/
https://www.benefits.gov/benefits/browse-by-agency/agency/9
Please note: If you have been denied, you have a limited time to file an appeal. If you fail to meet the deadline, it is assumed you accepted their decision & you lose any back benifits. You can always refile but the clock resets as of the date you refile.
Disability Law is a speciality. You will want an attourney who is experienced in these cases. They don't get paid if they don't 'win' your case. He/she will not let you go in without everything you need to argue your case. Win / loss depends on the merits of the case but the Attourney doesn't want his time wasted either. The contingency fees are set by law... it doesn't cost any more to get a specialist.
-- Modified on 10/24/2016 1:03:49 PM