What are the rules about trying to work after filing for Social Security disability?
Because Social Security disability claims are so backlogged, often taking two to three years (!) from start to finish, many truly disabled people have to try to work to avoid homelessness.
The question I hear more and more - "if I try to work, will it hurt my disability claim?"
In this video I give you my perspective.
As I discuss, you have to understand what SSA considers "work" or, more accurately "substantial gainful activity" (also called SGA). In 2023, SSA will find that you are engaged in SGA if your gross earnings received in a calendar month exceed $1,470, or if you are engaged in an activity that would pay you $1,470 per month.
Note that the $1,470 refers to gross (before taxes) income. Further the SGA amount changes every year - here is SSA's SGA table for SGA over the past few years: www.ssa.gov/oact/cola/sga.html. The SGA amount will change every year so if you are watching this video in 2024, 2025 or beyond, check the table.
Further, SSA uses different earnings numbers for its Trial Work Period program, and another table of numbers to determine earnings credits. The SGA table is what you need to look at to determine what SSA considers “work.” Here is a link to an article I wrote that discusses these confusing tables of numbers: 4socialsecuritydisability.com...
In my opinion, the SGA limits are ridiculously low - $1,470 per month equals $17,640 annually. Where in the United States can anyone survive on $17,640 per year? But this is SSA's reality.
If your gross earnings from a part time job are below SGA, are you in the clear? Maybe. In my experience on-going, part-time earnings that are close to the SGA limit will raise the question in a disability judge's mind about whether you could work at an SGA level if more hours were available to you.
As such I advise my clients part time work a few hundred dollars less than SGA will likely raise fewer questions.
Also in this video I discuss what happens if you should exceed the SGA limit occasionally or frequently. This raises the question of whether your over-SGA work constitutes an "unsuccessful work attempt" or not.
SSA's outrageous backlogs have left deserving claimants in a very difficult situation so I expect to see more and more clients who are working part time, with difficulty, but out of necessity. The best advice I can offer is to file as soon as you can so you can get in line and allow the process to play out.
And most importantly, do NOT take on the government (SSA) alone. Choose are seasoned veteran like me to help you navigate these very deep waters. Remember, there is no fee unless you win, and you keep 100% of your monthly checks. Act now!
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Jonathan Ginsberg
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