Q: I have been waiting for disability for over a year. I have bipolar disorder. Medication has not worked for me. I would
Like to try more aggressive tx. If they help and am able to work, would I not then qualify or get back pay?
A:
If you decide to pursue a more agressive medical treatment recommended by your health care professionals, it may improve your condition to where you would be able to work in a best case scenario. You would then have the opportunity test your ability to engage in full-time substantial gainful activity (SGA).
Your Social Security disability claim is based on your medical condition and functional limitations at the time of your alleged onset date and thereafter. Medical improvement of your condition now would not affect your back pay. You may be found to have one level of functioning due to your condition initially and, later, based on your current medical conditon, be found to have a change in your functioning. if you have improved to the extent to where you now can do SGA, you may be found to be disabled for a closed period of time. However, the rules allow you to test your ability to work so you could engage in SGA for up to six months and if you could not continue work at a SGA level, that would be an unsuccessful work attempt that is not counted against you. See https://www.ssa.gov/OP_Home/rulings/di/03/SSR84-25-di-03.html. Even when you are approved for SSDI, there are work incentives, such as a trial work period, where you can test your ability to work. See https://www.ssa.gov/redbook/.
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