The long disability marathon, part 2: a federal law suit and going back to work
After a couple of years in the disability process, your case probably will look like a series of tough outcomes. You applied. You got denied twice. You appealed to go before a judge. You waited a year and a half for a hearing. You went before a judge. You got denied. You appealed to the Appeals Council. You waited a year and a half for a decision. You get denied. You now have the right to file in Federal Court. By this time, you probably have been going through this process for over 3 years now. You’re frustrated. You’re upset. You have spent so much time trying to survive on your own that you decided that maybe you should try to go back to work. However, after all of this time, you now ask yourself some tough questions:
- Should I give up fighting?
Only you can answer this question. If you have the ability to file a law suit and you believe you were disabled during this time, you have a right to keep to fighting (depending on the facts of your case).
- What if I go back to work? Can I still keep fighting?
Your fight is typically about the period of time that you were NOT working so, in essence, you working should not have any impact on your lawsuit.
- What if I try to go back to work and I can’t work? Can I file a new application?
It’s important that you take the time to review your eligibility to file a new application with a representative. Depending on your circumstances, you may be able to file a new application if you can’t work while your lawsuit is pending.
- What happens if I win my lawsuit and I’m working?
Again, the focus of your lawsuit is really on the period of time you tell the government that you were unable to work. As such, if you’re working, you can still fight for the backpay period when you were NOT working.
- What if I want to drop my lawsuit?
This case is YOUR case. At any point in time, if you desire to drop your lawsuit, you can. Just remember that if you do, you probably will not able to start the lawsuit back up.
Again, it’s important to remember that if you’re not sure about your options, make sure you speak with a representative so you can know what your rights are regarding a law suit and working.