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can i work and claim disability benefit

by Hortense Thiel PhD Published 2 years ago Updated 1 year ago
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Can You Work While on SSDI? Generally, SSDI recipients can't do what's considered "substantial gainful activity
substantial gainful activity
Substantial gainful activity is generally work that brings in over a certain dollar amount per month. In 2022, that amount is $1,350 for non-blind disabled SSDI or SSI applicants, and $2,260 for blind SSDI applicants (the SGA limit doesn't apply to blind SSI applicants).
" (SGA) and continue to receive disability benefits
. In a nutshell, doing SGA means you're working and making more than $1,350 per month in 2022 (or $2,260 if you're blind).

Can you get approved for disability while still working?

The short answer is, yes, you can apply for disability while working. If you are working more than part-time, it may be difficult to persuade the SSA that you cannot work and should receive disability. As part of the disability claim process, the SSA will be looking into what type of work you are capable of doing.

What are the top 10 conditions that qualify for disability?

  • Phenylketonuria (PKU)
  • Other inborn errors of metabolism not specified elsewhere that are treated by medically prescribed diet to prevent neurological disability and/or severe organ damage. ...
  • Cystic Fibrosis.

More items...

What conditions automatically qualify you for Social Security disability?

  • Schizophrenia
  • PTSD for veterans and others experiencing trauma
  • Autism and Aspergers in some cases
  • Severe diagnosed depression
  • Diagnosed mood disorders

What conditions qualify you for disability benefits?

  • Haematological Disease - 5,877
  • Infectious disease - 4,718
  • Malignant disease - 79,073
  • Metabolic disease - 4,279
  • Psychiatric disorders - 995,774
  • Neurological disease - 352,701
  • Visual disease - 50,852
  • Hearing disorders - 28,677
  • Cardiovascular disease - 66,474
  • Gastrointestinal disease - 21,879

More items...

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Work and get Social Security Disability benefits?

One of the most common questions on our forum is, “Can a claimant work and apply for Social Security Disability Insurance?” Like so many questions, there is not a simple answer.

What is substantial work according to the Social Security Administration?

Substantial work, according to the Social Security Administration, is doing work that requires substantial or significant mental or physical effort. The work can be done without pay or profit, with limited responsibilities and part-time, but it may still be considered substantial.

What is gainful activity according to the Social Security Administration?

Whether work is gainful, according to the Social Security Administration, depends on the amount of money they are earning each month (after subtracting expenses related to work expenses). The SSA allows a higher SGA amount for statutorily blind individuals and a lower SGA amount for non-blind individuals.

What does SGA mean for disability?

SGA means you are doing competitive work and making more than $1,220, pre-tax, per month in 2019 (or $2,040 if you’re blind). There are some exceptions to this rule, however. If you are approved for SSI, you can also work and continue to receive your disability benefits as long as your wages and other resources do not exceed ...

Can I still work and receive disability?

Yes, you can still work and receive disability benefits, but there are limitations on this for both SSDI & SSI. Generally speaking, SSDI recipients can’t start doing what’s considered “substantial gainful activity” (SGA) while receiving disability benefits. SGA means you are doing competitive work and making more than $1,220, pre-tax, ...

What is disability under Social Security?

What We Mean By Disability. The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. We consider you disabled under Social Security rules if all of the following are true:

How long can you be disabled if you have a disability?

Your condition must significantly limit your ability to do basic work-related activities, such as lifting, standing, walking, sitting, or remembering – for at least 12 months. If it does not, we will find that you are not disabled.

What if the adult child is already receiving SSI benefits or disability benefits on his or her own record?

A disabled "adult child" already receiving SSI benefits or disability benefits on his or her own record should check to see if benefits may be payable on a parent's earnings record. Higher benefits might be payable and entitlement to Medicare may be possible.

How do we decide if an adult "child" is disabled for SSDI benefits?

We send the application to the Disability Determination Services (DDS) in your state that completes the disability decision for us.

How to speed up disability application?

To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

What is the work incentive for Social Security?

There are also a number of special rules, called "work incentives," that provide continued benefits and health care coverage to help you make the transition back to work. If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, ...

How long does a widow have to be disabled?

The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the worker's death.

Can you work if you quit Social Security?

If you had to quit (or reduce your hours) because of your medical disorder and the limitations it causes, your time working might count as an “unsuccessful work attempt,” and then Social Security wouldn’t use it as evidence that you can work.

Can I get disability if I work full time?

If you are working full time when you apply for either Social Security or SSI disability benefits, Social Security will not consider you disabled. This is because not being able to work a substantial amount of time is part of Social Security’s definition of disability.

Does Social Security use a test other than SGA?

If you are self-employed, Social Security will use a test other than the SGA limit to see if you are working a substantial amount. For more information, see Nolo’s article on how Social Security determines disability for the self-employed.

Can you work over gainful activity on disability?

The same rule applies when you are waiting to hear whether your disability benefits are approved: you cannot work over the substantial gainful activity amount. Since it will take months or even years to get a decision, it can be very difficult to not be able to earn income during this time.

Can I Be Working Part Time When I Apply for SSDI or SSI Disability?

Depending on how much money you make, you can be working part time when you apply for benefits. Technically, you can still be considered disabled if your earnings are under $1,310 per month (in 2021), or $2,190 for blind applicants, regardless of how many hours you work. This is called the "substantial gainful activity” (“SGA”) limit, and it increases a bit each year. That said, if you are working close to this amount, or even making $800 or $900 a month, Social Security will look closely at what you are doing to see if you could maintain full-time work. Especially in today’s economy, if you are working part time, a claims examiner at Social Security might assume you are working part time only because you can’t find a full-time job. And you might have a hard time finding a lawyer who will take your case if you're earning more than $600 a month; disability lawyers screen out claims they think may be problematic.

How much can I earn on SSI?

If you're receiving SSI, the $1,310 SGA limit applies only during your first month of benefits. After that, the SSI income limit applies instead. Because of the way earned income is counted (more than half of it doesn't count toward the limit), there is no set SSI income limit for those who work part-time. But the more you earn, the lower your SSI payment will be. And when you start making upwards of $1,600, your SSI payment will be reduced to zero. To understand how this works, see our article on the SSI income limit.

How long can you work on SGA?

This is a period of nine months during which you can more than the SGA limit. For more information, see our article on the trial work period.

What is the SGA limit for Social Security?

In 2021, the SGA limit is $1,310 per month.

How much is the SGA limit for SSI?

If you're receiving SSI, the $1,310 SGA limit applies only during your first month of benefits. After that, the SSI income limit applies instead. Because of the way earned income is counted (more than half of it doesn't count toward the limit), there is no set SSI income limit for those who work part-time. But the more you earn, the lower your SSI ...

Can disability be deducted from wages?

Similarly, some employers allow disabled employees to have special considerations to work that cost the employer money, which should be deducted from their wage in considering the true value of their work. In fact, the cost of any impairment-related work expenses can be deducted from a person's earnings to come up with their monthly work amount.

Can you be disabled if you work part time?

Generally, Social Security will find you disabled if you can't sustain full-time work on a regular basis. But if your regular work before applying for disability was part-time work, and Social Security finds you can still do this work, your claim can be denied. See our article on partial disability and part-time work.

Can a judge think you can work part time?

Or a judge may think that you are working part time only because you can't find full-time work, not because of a medical condition.

What happens if you go back to work?

If You Go Back To Work. If you're like most people, you would rather work than try to live on disability benefits. There are special rules that help you keep your cash benefits and Medicare while you test your ability to work. We call these rules "work incentives.".

What Can Cause Benefits to Stop?

Two things can cause us to decide that you no longer have a disability and stop or suspend your benefits:

Do you get disability if you are still disabled?

Generally, if your health hasn’t improved, or if your disability still keeps you from working, you’ll continue to receive your benefits.

Can you continue to receive disability benefits?

In most cases, you will continue to receive benefits as long as you are disabled. However, there are certain circumstances that may change your continuing eligibility for disability benefits. For example, your health may improve to the point where you are no longer disabled or you go back to work.

How many months of work can I do for SSDI?

For the nine-month trial work period, SSDI recipients are entitled to test their ability to work and continue to receive full benefits regardless of whether they make more than the SGA amount. For 2021, the Social Security Administration (SSA) considers any month where a person has a monthly income of more than $940 to be a trial work month. If you're self-employed, any month where you work more than 80 hours can also be considered a trial work month.

How long do you have to work to get SSDI?

Once you have completed the nine-month trial work period (the months do not need to be consecutive), you can still receive SSDI for any month where your earnings fall below the SGA level, for a period of 36 months. This three-year period is called the "extended period of eligibility." In other words, if you earn less than $1,310 in any month during this period, you will get benefits, but if you earn more than $1,310 in any month, you won't get disability benefits for that month (after a three-month grace period).

How much is the SSA if you only earn from your job?

If your only income is from your job, the SSA does not include the first $85 you earn toward your countable income. After taking the $85 adjustment off of your income, the SSA will deduct, from your monthly benefits, 50 cents for every dollar you earn. For example, if you earn $1,000 a month from working, you have $457.50 of countable income.

How long does it take for SSI to reinstate?

If your SSI payments stop because you earn too much money (that is, if your countable income is over $794 per month), but you are subsequently forced to quit work because of your disability, the SSA will reinstate your benefits without the need for a new application for a period of five years.

When do you report your wages to the SSA?

You must also report the amount of your monthly wages (if any) to the SSA. If you report your wages by telephone, it must be done by the 6 th of the next month; if you mail or bring in your paystub to your local SSA, it must be done by the 10 th of the next month. SSDI and SSI recipients can now report wages online using their Social Security account, and SSI recipients can now also report wages with a smartphone app. Social Security's website has more information on telephone wage reporting and online wage reporting.

Who must report to the SSA?

Both SSI and SSDI recipients must report to the SSA:

Can you get SSDI if you are blind?

Generally, SSDI recipients can't do what's considered "substantial gainful activity" (SGA) and continue to receive disability benefits. In a nutshell, doing SGA means you are working and making more than $1,310 per month in 2021 (or $2,190 if you're blind). To encourage SSDI recipients to go back to work, however, Social Security has created some exceptions to this rule. SSDI recipients are entitled to a trial work period during which they can make more than the SGA amount without losing benefits.

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