Here is a question for readers:
Mr. Smith is found to have lung cancer. He has part of a lung removed and has radiation and chemotherapy. Soon after the cancer was discovered, Mr. Smith applies for Social Security disability benefits. The claim is approved. By seven months after he stopped work, Mr. Smith is over the surgery and the chemotherapy and radiation therapy, Mr. Smith is feeling better. He's not sure that he'll be able to work but he wants to give it a try. He returns to his old job. Unfortunately, Mr. Smith finds that he can't handle his old job. He's just too short of breath and he gets tired out too quickly. He stops after two months. Mr. Smith informs Social Security of his attempt to return to work and its unsuccessful outcome. They do nothing. His checks continue. What should have happened?
- Social Security did the right thing. Mr. Smith should not be punished for his brief, unsuccessful attempt to return to work.
- Social Security should have said that Mr. Smith was ineligible for Social Security disability benefits until his attempt to return to work ended and declared him overpaid for the months of benefits paid before that date.
- Social Security should have ended Mr. Smith's benefits permanently and declared him overpaid for any benefits he received.
If you chose 1, that Mr. Smith should not be punished for his unsuccessful work attempt, you chose the correct answer under current law. If you chose 3, that Mr. Smith should be made permanently ineligible for disability benefits because he made an unsuccessful attempt to return to work, you made the same choice that the
Government Accountability Office (GAO) made in producing a report saying that Social Security made $1.3 billion in overpayments to Social Security disability claimants. If you chose either 1 or 2, you believe that the GAO report is misleading.
By the way, this sort of unsuccessful attempt to return to work is common. I'll guess that at least 10% of claimants do it, perhaps as many as 25%.
But, forget what answer is correct under current law and which answer the GAO chose. Which answer makes most sense to you as a public policy matter?