Can I Work? An Important Question
The Impact of Work Income on a Social Security Benefits Application
"Can I still work during the application and appeals process?"
At Mathis & Mathis, P.C., located in Washington, DC, this is one of the most common questions we receive from our clients. And it is understandable why disability claimants would be concerned about their ability to work during the often lengthy process of applying for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI).
It can take as long as one to two years or more to finally be approved for SSDI or SSI. Clients who ask us, "Can I work during the application process?" are really asking us how they are supposed to meet their financial obligations.
If SSDI and SSI are meant to provide financial compensation to people who are too disabled to work, how can someone legally work during the application process? The short answer is, you can work if the work is part-time and results in limited income.
Yes, You Can Work While Waiting for SSDI
The Social Security Administration allows an applicant for or recipient of SSDI or SSI benefits to work part-time and earn a limited income. "Substantial gainful activity" is primarily defined by a maximum amount of gross monthly employee earnings that changes annually. In 2009, an employee who earns less than $980 a month is likely not performing "substantial gainful activity," however, the rules for self-employed people are different.
The definition of disability under the SSDI program requires a person to prove that disabling medical conditions prevents them from performing "substantial gainful activity" for a period of 12 months or more.
If you return to work earning any amount but are forced by your medical condition to quit within three months, we might establish that to be an unsuccessful work attempt that does not prevent receipt of benefits.
Get Legal Advice About the Impact of Income on SSDI or SSI
The amount of money that the Social Security Administration allows an applicant or recipient to earn per month can change at any time. Also, the Social Security regulations allowing a person to work could change.
It is critically important that you not jeopardize your right to receive SSDI or SSI benefits by taking a part-time job without first seeking legal advice.
Contact Mathis & Mathis ∙ Free Consultations
If you have questions about working during the process of applying for Social Security disability benefits, contact a lawyer at Mathis & Mathis for a free initial consultation with one of our advocates.
Call toll-free 888-309-9781 or use our online contact form.
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