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HOW WORKING AFFECTS SSDI BENEFITS

Social Security's cardinal rule is that a person cannot be working at "substantial gainful activity" while receiving disability payments. Working at SGA level will result in an automatic Step 1 denial for a new application; and will terminate benefits under an existing claim.

 What does Social Security mean by "substantial gainful activity"?  Sometimes we define that as a full time job.  However, that's not exactly correct.  The legal definition of SGA is earnings (job related) of at least $1,170 per month.  This is the 2017 number.  The number changes year to year.  Below is a link that shows the current amount for substantial gainful activity:

https://www.ssa.gov/oact/cola/sga.html 

Here are some recent questions we received about work related activity and how it affects Social Security disability:

Question 1:  I want to file a new application for disability.  However, I am still trying to work and I earn more than $1,170 per month.  Can I apply for Social Security while working, then stop work when I am approved?

ANSWER:  No.  You will never be approved that way.  The first thing Social Security will look at is your job related earnings. If they are more than $1,070 per month you will get a Step 1, automatic technical denial and your application will not even be processed.  It doesn't matter how sick you are.

 Question 2:  "I work part-time (2 days a week) and earn about $850 per month.  Will this cause my new SSDI application to be denied?"

ANSWER:  No.  You are well below the threshold of $1,170 per month for 2017.  

Question 3:  I've been on disability for 5 years.  Last year, I took a part-time job working about 15 hours per week.  This job pays really well, so I earn slightly under $1,170 per month--just barely under.  How is this likely to affect my SSDI payments from Social Security?

ANSWER:  While you are technically under the SGA threshold for earnings, it sounds like you are ever-so close.  This could potentially trigger a Continuing Disability Review where Social Security reviews your condition to see if you are able to return to full time work.  If they find you are able to go back to work full time, they will terminate your SSDI benefit. You can appeal that decision. (If this happens, explore the "Ticket to Work" program at Social Security). 

Question 4:  I've been on SSDI benefits for 3 years now.  I'm feeling a lot better and I actually believe I could work.  However, I'm afraid to give up my Medicare insurance and my SSDI check.  What if I try to work and the work is just too much for me and I have to stop?  Then, I've lost my SSDI.  Any advice?

ANSWER:  Look into Social Security's "Ticket to Work" program. It's designed to encourage individuals on disability benefits to try to go back to work.  It will allow you to keep getting SSDI benefits for several months while you try to work. If you find that you can't continue working, your SSDI has not stopped.  It also makes it easier to go back on SSDI later if you have to stop working soon.  Also, you can keep your Medicare insurance for several years while you test your ability to work.  Be sure to get complete details from Social Security before you decide this is for you. 

CONTACT A DISABIILTY ADVOCATE FREE 

 

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