Work and Social Security Disability

 “Can I work while I wait for Social Security to make a decision?” 

Our clients have already been out of work for months, but the bills keep coming. Social Security told them it would be 120 days to get a decision but they are already on Day 121 since talking to the local SSA office, and the claim has not even been assigned to a disability examiner.

“Can I work while I wait for Social Security disability?” The general answer is No. The first step to reviewing a potential case is whether you have stopped working. There is an amount of work called Substantial Gainful Activity. If you continue to work at a job and earn over $1550 before taxes ($2590 if you are blind) then Social Security will not even look at your health. The claim will be denied because you are still able to work, despite your pain and discomfort. Social Security will not look at your medical records.

“What if I earn less than that?” Well, work is still evidence of your function. Social Security will take that into consideration as evidence when they decide the rest of the claim. It will make it harder—though not impossible—for you to prove that you meet the government’s definition of “disabled.”

“What if I find a job that I think I can do? Should I withdraw my application?” If you find a job that is less-demanding and think you can work, do not immediately withdraw your application. There is something called an Unsuccessful Work Attempt. If you return to work, to test it out, but you can’t keep working because your health interferes, happens many more times than I can count. Social Security will conclude that, if you returned to work after a significant break, and work lasted less than six months because of your health, then that return to work is wiped off the slate. Your claim will keep moving forward. Sometimes Social Security will find out about the return to work, pause medical development to check your hours and earnings, but eventually the claim will be put back into active case processing.

“What if I return to work before 12 months have passed?” Social Security requires your work absence to meet a minimum duration: 12 months. You do not have to actually be out of work 12 months before you file, but if you go back to work and keep working before 12 months have passed, it is a technical denial. You will not even be able to collect back pay on the months that you were out of work. If you are out for at least 12 months and then return, Social Security will be able to look at paying you a lump sum for the time you were out, and stop any future checks because of the return to work.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347