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"IS PART TIME WORK OK?"

Social Security will automatically deny a disability claim if the claimant is earning wages of at least $1,170 per month, which is considered "substantial gainful activity" (SGA).  But what about working part-time?  Surely, that's OK?

In my practice, I've learned to think the way judges think.  That may not be such a good thing, but it gives me a certain insight.  So, what do judges think about part time work, assuming that the earnings are below SGA level?

First, I will say that, as a minimum, any work after the alleged onset date will muddy the water.  A person who is working part time is less likely to be approved, in my opinion, than a person who isn't working at all.

Judges are likely to take one of these attitudes:
  • A lot of people work part-time because it's all they can find.  There are a lot of part-time jobs around but not so many full-time jobs in today's economy.  It may have nothing to do with being disabled.
  •  If you can work 20 hours per week, chances are you could work 30 or 40.  If you can earn $600 per month, you could probably earn $1,200 if you really wanted to.
  • I wonder if this person is working more under the table, not just reporting it?  Judges are very skeptical people.
I have become very reluctant to represent claimants who are working after their alleged onset date.  I have rarely won a case where the claimant was working, even if he/she earned below SGA level.  Experience is a hard teacher.

If you are about to file a Social Security disability claim, be careful about working after your onset of disability date.  Even if the regulations permit it, working will muddy the water and very likely put you at a disadvantage.  Social Security views SSDI benefits as being intended for persons who simply cannot work, period.  They normally assume (even if it's wrong) that working proves the ability to work--or that you are not disabled.



 
 

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