Some people are surprised to learn that under some conditions you can work and still be eligible for Social Security disability benefits. Let me briefly touch on three situations where work will not disqualify an individual for SS disability.
One, if the work is not enough to be "substantial gainful activity" (SGA). In 2012, SGA is defined as gross earnings of $1,010 per month or more. If you earn less than SGA, you may still be eligible for Social Security disability. An example would be working part-time or on a very irregular basis.
Two, if the work is subsidized. That means that someone is giving you a job just to help you out, but they would not pay someone else to perform the work that you are doing. Here is an example of subsidized work. John Oake owns a small but successful furniture manufacturing firm. His nephew, Tim, has a condition that prevents him from getting a job. John lets Tim "work" at his plant doing some cleaning and errands. John lets Tim take breaks whenever he wants and if Tim doesn't feel like working, John lets him have the day off as often as necessary. John pays Tim $400 a week, even for weeks where Tim does little or no work. He does this because Tim can't work anywhere else and needs the income to get by. However, John would not pay anyone else to perform the "work" that Tim does. Social Security may count this as "subsidized work" and it would not count against Tim in a disability claim.
The third type of work that Social Security allows - even if it is above the substantial gainful activity level, is work done under their "ticket to work" program. The goal of this program is to allow individuals to gradually transition from disability to work without losing their disability benefits suddenly. If you have been on Social Security disability but think you might be able to go back to work, check with Social Security for details about the "back to work" program. Under this program you may be able to keep getting disability benefits, including Medicare, for a specified period of time while you attempt work. It's a no-risk way to move back into a job.
In conclusion, while you normally cannot draw Social Security disability while you work at substantial gainful activity, there are exceptions that will allow work and disability benefits at the same time.
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The Forsythe Firm, 7027 Old Madison Pike, Huntsville, AL 35806 - Representing the disabled in Alabama and Tennessee - PHONE (256) 799-0297.
The Forsythe Firm - our main webpage
One, if the work is not enough to be "substantial gainful activity" (SGA). In 2012, SGA is defined as gross earnings of $1,010 per month or more. If you earn less than SGA, you may still be eligible for Social Security disability. An example would be working part-time or on a very irregular basis.
Two, if the work is subsidized. That means that someone is giving you a job just to help you out, but they would not pay someone else to perform the work that you are doing. Here is an example of subsidized work. John Oake owns a small but successful furniture manufacturing firm. His nephew, Tim, has a condition that prevents him from getting a job. John lets Tim "work" at his plant doing some cleaning and errands. John lets Tim take breaks whenever he wants and if Tim doesn't feel like working, John lets him have the day off as often as necessary. John pays Tim $400 a week, even for weeks where Tim does little or no work. He does this because Tim can't work anywhere else and needs the income to get by. However, John would not pay anyone else to perform the "work" that Tim does. Social Security may count this as "subsidized work" and it would not count against Tim in a disability claim.
The third type of work that Social Security allows - even if it is above the substantial gainful activity level, is work done under their "ticket to work" program. The goal of this program is to allow individuals to gradually transition from disability to work without losing their disability benefits suddenly. If you have been on Social Security disability but think you might be able to go back to work, check with Social Security for details about the "back to work" program. Under this program you may be able to keep getting disability benefits, including Medicare, for a specified period of time while you attempt work. It's a no-risk way to move back into a job.
In conclusion, while you normally cannot draw Social Security disability while you work at substantial gainful activity, there are exceptions that will allow work and disability benefits at the same time.
-------
The Forsythe Firm, 7027 Old Madison Pike, Huntsville, AL 35806 - Representing the disabled in Alabama and Tennessee - PHONE (256) 799-0297.
The Forsythe Firm - our main webpage
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