Working While Your Claim is Pending: A Delicate Balance

As we already know, Social Security Disability benefits are for people who are unable to work. However, because claimants still need to eat and have a roof over their heads, stopping work entirely isn’t always realistic. A person may not be able to go back to their past job, but they need to make ends meet somehow.

Fortunately, the Social Security Administration understands this, and has guidelines in place so that people can still take care of themselves while their claim is pending. The following needs to be kept in mind by anyone who is even considering working while their claim for SSD or SSI is pending:

-          Your gross earnings must stay below the limit set by Social Security, called Substantial Gainful Activity (SGA). SGA is raised each year to accommodate the cost of living. Currently the SGA for 2011 is $1,000. In order to still qualify for disability benefits, you must keep your gross earnings well-below that figure.

-          Keep in mind that the type of work you chose to do may also affect your claim. While earning more than SGA is complete bar to receiving benefits, work under SGA is evidence for the Social Security Administration  of what you can and can't do. So while you're still able to receive benefits for the months you worked under SGA, you're also creating evidence that may support or hurt your case.

-          Do not think you can hide your work history from Social Security. Because they look a your earnings, they will always be able to tell when you worked and how much you earned in any given year, as long as they are jobs in which you paid taxes. They even receive information simply of your hiring.

-          If you are being represented, always discuss the possibility of returning to work with your attorney/representative before taking the job. He or she will want to advise you as to whether  it is a wise move in regards to your claim. This is especially important if you are considering self-employment, because the rules are different than discussed above.

The Social Security Administration can even help you go back to work if you are disabled and have been receiving benefits. That information can be found here: http://www.socialsecurity.gov/pubs/10095.html

No one wants to lose their home or be buried further in debt. By keeping these guidelines in mind, a person can still potentially succeed in proving their claim without jeopardizing their basic needs.

- written by Anna Westfall and Attorney Andrew November