Can you work while waiting to be approved for disability

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Can I Work While Waiting for my Social Security Disability Benefits?

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Can you work while waiting to be approved for disability

There are provisions for people to try to work while they are waiting for their Social Security Disability decision. They’re a little complicated and they’re very technical. If you perform what is called SGA, that’s substantial gainful activity, then that disqualifies you automatically for Social Security Disability even if your disability is severe, it might ordinarily be considered disablling. So you have to be careful about the level of your earnings unless one of the exceptions to SGA apply. One of the exceptions is that you have an unsuccessful work attempt and that is where you try to go back to work but your work lasts less than three months and in actuality can even be over the SGA amount but you have to stop working because of your disability, you just could not continue.

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I am asked questions about this a LOT.  With the wait time of approximately two years from the date of filing an application to the time of a hearing on the claim, lots of people who have filed for Social Security Disability benefits ask me about working.  The general rule is that for 2014 if you make $1070.00 or more per month before taxes, insurance, or anything else is taken out you are NOT eligible to even apply for Social Security Disability benefits.  This amount changes each year.  You can reduce the amount of your earnings by something called Impairment-Related Work Expenses (IRWE).  These expenses include out-of-pocket costs for items that you must take or use in order to be able to work.  It can include things like medications, medical supplies or devices, including service animals, bandages, and syringes.

Another way a person may work and apply for Social Security Disability benefits is if you have returned to work for three months or less and have to stop again because of your disability.  Social Security calls this an unsuccessful work attempt (UWA).  Again, in most instances it has to be for three months or less, and stops because of the your disability, NOT because you aren’t getting enough hours; don’t like the job; too far to drive, etc.

Here is THE WARNING:  Even if you are making less than $1070 per month, there are some judges who will hear your claim that will not like the fact that you are working at all.  They may feel that you could work a few hours more and not be on disability benefits at all.  They may have a hard time believing that you can only work part-time.  Although allowed by the Social Security Administration, there are also judges who do not recognize unsuccessful work attempts.  They may find you disabled, but may say your disability began after you stopped working.

Many lawyers will tell their clients that they can’t work while waiting to see if they are approved on their Social Security Disability claims.  However, I know that clients who have filed for Social Security Disability benefits face severe financial hardship while waiting for their disability claims to be processed.  After explaining the above, I generally tell them to do what they have to do and we will deal with the consequences.  This may very well mean that we have to change the date the clients say their disability began which can mean they will receive less money for their backpay.

If you’re filing for Social Security Disability benefits it’s crucial that you hire an attorney WELL BEFORE your hearing so he or she has time to develop the necessary information about any work attempts since you filed for benefits.  Please feel free to call me or complete the contact form on this site.

By: Melissa A. Davidson

Social Security Disability is for people who are unable to work. To qualify for benefits, you must have a disabling condition that will prevent you from working 12 months in a row. However, Social Security will allow you to work part time. For 2010, a person waiting for approval of their claim can earn up to $1,000 per month before taxes. However, if you do work, Social Security will want to know why you can only work part time rather than full time. This can be a hard question to answer in court. If you must work, we suggest that you do not work more than 20 hours per week, and be sure you stay well under $1,000 per month.

If you are receiving Long-Term Disability (LTD) Benefits from your employer or an insurance company, we do not advise that you work at all. In most cases, every dollar you earn is subtracted from the monthly LTD benefit.

If you are working, or do get a job while waiting for your benefits, please notify your case administrator right away so we can help you stay within the limits allowed by Social Security.

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

Should I quit my job before applying for disability?

Work & Disability Benefits When many people begin researching whether they qualify for Social Security disability benefits, one of the first questions that will arise is: do I need to quit my current job in order to obtain benefits? The short answer is no!

Can you speed up disability process?

Social Security has a program called TERI that allows the agency to expedite applications when the applicant has claimed a terminal illness or a condition that is usually terminal. If you have a terminal illness, make sure you submit your medical records with your initial application to speed up the process.

How much can I earn in 2022 and still collect Social Security Disability?

During the 36-month extended period of eligibility, you usually can make no more than $1,350 ($2,260 if you are blind) a month in 2022 or your benefits will stop. These amounts are known as Substantial Gainful Activity (SGA).