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John
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Experience:  Licensed and practicing attorney.
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I was approved for Social Security Disability.

Resolved Question:

I was approved for Social Security Disability. I have a property I sold that I finance and receive monthly payments on the note. I also own a building that was my former business address and it is rented, therefore producing rental income. How does this affect my non-medical requirements to be approved for Social Security Disability and what must I do in order to prevent this income from voiding my Eligability for Social Security Disability which was just approved pending the non-medical requirements. I no longer work due to my disability.  The company that rents my property is on a 6 month lease at $1600.00 month and may renew or may not renew.  I've received 2 payments thus far.  They did get my SSN for the 1099.


 


 

Submitted: 11 months ago.
Category: Legal
Expert:  John replied 11 months ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

What they mean by non-medical is that they are going to ensure that you have the proper work credits to qualify for Social Security Disability Insurance (SSDI). SSDI is the insurance you pay for every time your employer takes FICA tax out of your paycheck. Simply put, to qualify for SSDI, you must both have worked at least 10 years in your life, and have worked for 5 of the last 10 years before you became physically disabled. Assets and family income are not considered for SSDI – the only thing that counts is “active” income (earnings from working). Passive income (such as from investments, or rental income, for example) does not affect your entitlement to SSDI.

So they have determined that you are physically not able to work any longer, but they are going to want to ensure your work credits and that you are in fact no longer "actively" working. You will not have an issue with your passive income interfering with your qualification for benefits.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 11 months ago.

I typed a 2nd question but it's not showing, did you get it?


 

Expert:  John replied 11 months ago.
Bill,

No I have not received a second question. Perhaps re-submit it in reply below. Thanks.
Customer: replied 11 months ago.

When you reference SSDI, I did not apply for that one (the insurance), I got 2 forms from them and the one I completed was just listed as Social Security Disability (not I).


 


I became sick in 01/1/2010. I was paid by my company through 03/30/2013 and stated such on my diability app. They wrote me to ask if I worked any and I truthfully stated no. So I was still paid (unearned) for much of my disability. In their reply and approval they stated I qualify from 01/01/2012 which is during the time I was also still getting a check. Does this mean I will receive all this back benifits from them since that date? I'll have no problem with credit. I've been at the maximum SS deduction of $109,000 each year for at least the last 10 years and up to 2013 when I had to sell off my business and stop drawing a check.


 


After I rate your reply, I may have a follow up question once I get their non-medical approval letter (hopefully nothing stops this 2nd part from being approved)? How can I follow up with you thereafter?


 


Your reply is excellent John! Thank you for such complete service!


 

Expert:  John replied 11 months ago.
Bill,

Thanks. Yes you usually get benefits up to one year retroactive to your date of application. Your "active" income during that time may limit your benefits eligibility for that time. If this employer pay was "active" or due to some employer disability insurance policy that may limit your eligibility for some or all of the benefits for that part of time of disability.

To get a hold of me in the future you may contact me at http://www.justanswer.com/law/expert-emplmntlaw1/

Thanks. Let me know if I can be of further assistance.
John, Attorney
Category: Legal
Satisfied Customers: 2912
Experience: Licensed and practicing attorney.
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