If you on disability can you work

The amount you are allowed to work differs for the Social Security Administration (SSA)’s two benefit programs. Social Security Disability Insurance (SSDI) and Supplementary Security Income (SSI) have different rules and program requirements.

Social Security Disability Insurance

For SSDI, you can only receive benefits if you cannot work a full time job, or enough to be considered substantial gainful activity ($1,350 per month, $2,260 if you’re blind). Therefore, most recipients receive SSDI in place of working. It is possible to work part time, but this can make it harder to prove you cannot work full time. If you are on SSDI already, you can’t start making the SGA amount regularly. To make it easier for you to go back to work, they offer a nine-month trial period. You can receive full benefits for nine months while making over the SGA for nine months to test if you are able to work with your disability. In 2022, any month that you make more than $970 or work more than 80 hours if you’re self-employed is considered a trial month.

If it is determined that you cannot work after your trial period because of your disability, you can go back to receiving SSDI as normal. If you do choose to go back to work, you will still be able to receive benefits for any month you don’t make over the SGA limit for 36 months. If, at any point during the 36 months you decide you can’t work, then you need to call the SSA and they will reinstate your benefits. After the 36 month period, the SSA will keep you application on file for five years, so will not have to complete a new disability application and your reinstatement will be expedited.

If you return to work and lose your disability benefits, you are still eligible for Medicare for at least 93 months (seven years) after your nine-month trial period.

Supplementary Security Income

SSI is awarded to those currently making little or no money. There are strict financial limits to be eligible for SSI, but it’s not based on work history. There is no limit on how many hours you can work on SSI, rather a limit on how much you can make in a month. For an individual in 2022, you need to be making less than $841 of countable income per month and have less than $2,000 in assets to qualify. For a couple, the limit is $3,000. The difference between SSI and SSDI is that SSI encourages recipients to work as much as they can. Only about half of your income is counted towards the SSA’s income totals, so the $794 limit is often closer to $1,500 per month.

The amount of your monthly payment depends on your income. If your income decreases while on SSI, your payments can be increased up until the limit of $841. If you income increases, your payments will be decreased.

Even if you are making enough that you are no longer eligible for SSI benefits, you may still be able to keep your Medicaid. It is also possible to apply to buy Medicaid from the state Medicare agency if you have high medical costs.

If you are unable to work due to a disability, then you may qualify for disability benefits from the Social Security Administration (SSA). Depending on your situation, you may qualify for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI). 

The process to get approved for SSDI and/or SSI can be lengthy, which can create financial difficulty for many people. However, if you continue to work while applying for disability or while you are waiting for a decision on your disability claim, then your application for disability benefits will likely be denied.

Among other factors, the SSA considers your ability to work in determining whether you are disabled. Generally, you should not apply for Social Security disability benefits while still working. If you have questions about the process, reach out to a skilled New Jersey disability lawyer to schedule a free claim review.

Your Ability to Work and The Disability Approval Process

To be eligible for SSDI and/or SSI, you must be able to prove that you are disabled. The SSA uses a five-step sequential process to determine if a person is disabled:

1. If you are working, you cannot earn more than an average of $1,310 (in 2021) per month (known as substantial gainful employment). If you are not working, then the SSA’s Disability Determination Services (DDS) will decide your condition;
2. Your impairment or combination of impairments must significantly limit your ability to perform basic work, and must be expected to last for a year or longer or to result in death;
3. Your impairment must meet or exceed all of the requirements on the SSA’s Listing of Impairments, or it must have other factors that equal a medical condition on the list;
4. If your impairment does not meet this criterion, then it must prevent you from performing any of your past work; and
5. You must not be able to do any other type of work, based on your impairment, age, education, past work experience, and any transferable skills.

The very first step of this process focuses on your ability to work, or in SSA terminology, to participate in substantial gainful activity. While you can work and still be approved for SSDI and/or SSI, if you exceed the monthly income limits of $1,310 for a non-blind individual for SSDI or $794.00 plus $20 for SSI, you do not qualify under the current definition of disability.

If you continue to work full-time – even if you are working through pain – then the SSA typically will not consider your disability benefits application. It may be possible to reduce your hours and work part-time, so long as you do not earn more than the monthly income limits. If you are receiving accommodations in order to work, Social Security may subtract the dollar value of these accommodations when counting your income.

There is no set number of hours that you can work per month and still be approved for disability benefits. Instead, Social Security looks at how much money you are earning to determine if you qualify as disabled. If you are working full-time or nearly full-time, then your application may be denied.

Even if you are working part-time and below the “SGA” amounts, Social Security may still look to your work activity as potential evidence of your ability to do more.  If you are Self Employed, the rules above are replaced with more case-specific rules, and even if you are well under SGA, Social Security may consider your work to be substantial if it is similar to the effort performed by other non-disabled people in the same position.  

Can You Get Approved for Disability While Working?

It is possible to be approved for disability while you are working. However, if the SSA determines that you are engaging in substantial gainful activity – earning over the income limit – then your disability claim may be denied.

Social Security rules on working while applying for disability or awaiting a determination are complex. Generally, if you plan to apply for Social Security, you should quit your job. While you may still qualify for disability benefits while working, the SSA might deny your disability application on the basis that you are not disabled. 

There are many things to take into consideration before you file for SSD benefits. A skilled disability benefits lawyer can work with you to help you determine whether you may be eligible for SSDI and/or SSI benefits.

What You Can Do For Income While Waiting for Social Security Disability Benefits?

If you qualify for other types of assistance, you may consider applying for these programs while you wait for your Social Security disability to be approved. Some states, including New Jersey, offer short-term disability benefits for people with disabilities who are unable to work. Alternatively, if you have disability insurance, you may qualify for short-term disability before being approved for SSDI and/or SSI.

The best way to increase the likelihood of your Social Security disability claim being approved is to work with a skilled attorney who can ensure that your forms are filled out correctly and that all supporting documentation is submitted to the SSA. Bross & Frankel represents individuals who cannot work due to a disability. Give our office a call today to schedule a free claim review.

How Many Hours Can You Work While Applying for Social Security Disability?

Social Security’s rules focus more on how much you earn to determine if you are performing a substantial gainful activity – and not the number of hours that you work. However, if you are self-employed or the head of a business, then you may work a certain number of hours without receiving an hourly wage. In this situation, you may be permitted to work up to 45 hours per month as long as you are not earning over the income limit.

These rules are complicated and can be confusing. To make sure that any extra income you bring in doesn’t affect your eligibility for Social Security disability, reach out to a seasoned disability benefits lawyer to schedule a free consultation.

Will I Lose My Disability Benefits If I Work Part-Time?

If you have already been approved for Social Security disability benefits, then you are limited in how much you can work. These disability programs have strict income limits. If you earn over a certain amount – known as substantial gainful activity – in a month, then you may lose your disability benefits.

Getting approved for SSDI and/or SSI can be challenging. Once you have secured these benefits, you will want to make sure that you keep them. If you have questions about your disability application or benefits, reach out to our office to schedule a free claim review.

Do You Qualify For Disability Quiz

Step 1 of 7

14%

Are you currently unemployed?(Required)

Yes

No

Do you expect to be out of work for at least 12 months due to a medical or psychological impairment or combination of impairments?(Required)

Yes

No

Are you currently receiving Social Security Disability benefits?(Required)

Yes

No

Is an attorney helping you with your case?(Required)

Yes

No

Have you worked for 5 out of the last 10 years (or 5 out of the 10 years immediately before you became disabled)?(Required)

Yes

No

How old are you?(Required)

Your Results

Based on your responses it sounds like you may qualify for Social Security disability. In order to qualify you have to have a severe impairment or combination of impairments that prevents you from being able to work on a full-time, competitive basis.

Because you are over 50, even if Social Security believes you could still perform simple, unskilled sedentary (sit down) work, you may still be able to qualify if you don’t have any work in the past 15 years that would allow for you to make the adjustment to that kind of work.

Because you are over 55, even if Social Security believes you could still perform unskilled sedentary or light duty work, you may still be able to qualify if you don’t have any work in the past 15 years that would allow you to make the adjustment to that kind of work.

The vast majority of initial applications are often denied, and it may still be a good idea to seek a free case evaluation with a Social Security attorney. If you’d like to go over the facts of your case, please complete the contact info below. Your answers will be forwarded to a local law firm with the experience to evaluate your case and advise you on the best path forward.

Based on your response, it appears you are still working. It is likely that you won’t qualify for disability benefits because of your current work. However, if you are working on a limited basis and earning approximately $1,400 or less a month before taxes, it is possible you might still qualify, assuming you are unable to perform more work as a result of your health. It may still be worth consulting with a qualified attorney if this is the case.

You indicated that you don’t expect to be out for at 12 months due to your health. While Social Security is not “total and permanent” disability as some people think, it is a long term disability program. That means that, in order to qualify, you must be expected to be out of work for at least 12 months, or have a disability expected to result in death. If neither of these qualified you may want to look into short-term disability or taking medical leave from your work.

You indicated you are currently receiving Social Security disability benefits. Congratulations! It can be challenging to obtain these benefits. If you had a question other than your eligibility, don’t hesitate to contact us with your question. However, we likely won’t be able to help you obtain benefits if you are already receiving the same.

Based on your work history, you are unlikely to qualify for Social Security disability benefits. SSDI is a benefit that requires you to pay in to the system and to obtain “insured” status. It may be possible that you do qualify at some earlier point in time, and it may make sense for you to contact Social Security directly to obtain your “date last insured.” This is the date by which you would have to prove you became disabled to qualify. If you worked substantially after this date, or your disability began after this date, you likely won’t qualify for benefits.

However, all hope is not lost! Even if you don’t qualify for SSDI benefits, you may still qualify for Supplemental Security Income if you are otherwise disabled, and meet the income requirements (generally, your household income falls below the federal poverty level, and you would otherwise qualify for general assistance). There are many rules regarding resources that can impact SSI eligibility so it is best to consult with an attorney or advocate to discuss your situation.

Speak With A Disability Attorney

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Reach Out Today for a Free Disability Claim Review

The process of applying for Social Security disability benefits can be overwhelming, particularly when you are already dealing with a health issue. If you plan to stop working or have already quit your job, reach out to a New Jersey disability lawyer to schedule a free consultation about your case.

Bross & Frankel represents people with disabilities throughout New Jersey and Pennsylvania who are unable to work due to a disability. For help with the Social Security disability process, give us a call at 856-795-8880. You can also fill out our online contact form to schedule a free claim review with an SSD attorney.

Rich Frankel

Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on disability and social security benefits since 2005.

Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm’s veteran’s law practice and substantially grew the social security disability practice, focusing Bross & Frankel’s ability to fight for all of the disability benefits available to his clients.

Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.