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Can I Work When Trying To Get Disability?

May 10, 2024
Pati Law Firm

Choosing to pursue disability benefits is a pivotal decision for many people. This decision often arises from a place of necessity, mainly when health issues make continuing in the workforce untenable. One of the most common questions we receive is whether it is possible to maintain employment while initiating the process for disability benefits. The concern is that people need to work to support themselves, but they also don’t want to jeopardize their ability to receive disability.  The SSA has specific guidelines and thresholds; understanding them is key to answering these questions. 

What Constitutes “Substantial Gainful Activity”

When applying for disability, one key element is the Substantial Gainful Activity (SGA) measure the Social Security Administration (SSA) uses. This measure sets a specific earnings threshold to determine eligibility for disability benefits. As of 2024, earning more than $1,550 monthly can render an individual who is not blind ineligible for these benefits. Generating income above this limit for over six months categorizes the work as SGA, thus affecting one’s qualification for disability benefits. 

Nonetheless, earnings slightly below this cap may prompt scrutiny, indicating an intentional reduction in work hours to meet eligibility criteria. Conversely, an income of around $1,000 per month or engaging in work for 20 hours weekly or fewer can suggest to evaluators that you are genuinely trying to work within your physical constraints. Achieving an equilibrium that maintains benefit eligibility without undermining financial needs is pivotal. This involves precise reporting of work activity and income, reflecting the SSA’s effort to support those aiming to work to the extent their condition permits.

Defining “Unsuccessful Work Attempts” 

The intersection of work and applying for disability benefits presents a complex scenario. This is where an Unsuccessful Work Attempt (UWA) becomes relevant. UWAs permit individuals to engage in employment without jeopardizing their disability claim, provided the work ceases or reduces to a non-SGA level within six months due to their disability or the elimination of special work conditions accommodating their disability. This acknowledgment allows for work trials despite significant impairments without adverse effects on disability claim outcomes. 

Having a good relationship with your manager or employer is essential. For example, getting accommodations for not working certain days or needing additional sitting breaks due to back issues can significantly aid in substantiating a disability claim. These workplace adjustments prove that your condition’s limitations limit your capacity to work. This underscores the importance of documenting such accommodations in the disability claim process. This documentation illustrates to the SSA how your disability influences your employment capabilities.

Balancing employment with pursuing disability benefits is a complex and delicate process. Many need to work as much as their health allows without exceeding the earnings threshold, which would disqualify them from receiving disability benefits. Familiarity with SGA and UWA stipulations is indispensable in getting disability while continuing to work in a limited capacity.

Take the Next Step Alongside a Legal Professional 

For those who are pursuing disability benefits or finding themselves tied into the process, professional legal guidance is invaluable. Consulting with an attorney with experience with disability claims provides a clear path forward. Our dedicated team is on hand to assist in clarifying your options and steering your application toward a favorable outcome. Reach out for a consultation today to discover how we can support you while securing disability benefits.

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Pati Law Firm

Pati Law Firm is a beacon of hope and guidance for individuals dealing with Workers’ Compensation and Social Security Disability cases. Our ethos is simple yet profound: we look beyond case numbers and focus on the individuals behind them.

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