Work Attempts Can Be Tricky in Social Security Disability Claims
October 4, 2024
At Nash Disability Law, we know that people with disabilities often struggle to make ends meet during the lengthy Social Security Disability process.
If you are applying for Social Security Disability benefits, you need to know that Social Security has strict rules governing work. This is true even if you need the money to pay rent or other bills.
The Social Security Administration (SSA) does not feel your pain.
Your claim could be denied if you engage in what is known as “substantial gainful activity” (SGA).
If you are working and your work results in wages equal to or in excess of the SGA limit, you may be denied disability benefits. For 2024, if you earn more than $1,550 per month before taxes (if you are blind the threshold is higher—$2,950 per month), you will be considered to be engaged in substantial gainful activity.
Social Security doesn’t care if this is a “real job,” or the job that you have always performed, or a job in your particular field. This rule applies even if the work is part-time or sporadic or seasonal.
If you are self-employed, or in the gig economy (like driving for Uber or Lyft), your work may count even if you don’t earn $1,550 or even if your business doesn’t make a profit!
“How a work attempt affects your disability case may come down to the type of work you are doing,” explains Nash disability attorney Dan Rosen. “For example, suppose you are 45 years old and working part-time loading and unloading trucks. You have back pain that would make it impossible for you to do this heavy job full-time.”
“However, the SSA could suggest that you are capable of performing an easier job full-time, like sitting and putting small parts together at a factory. Even work below the SGA earnings limit may affect your case, because it can show Social Security that you are capable of certain work activities.”
“If you are applying for or have applied for Social Security Disability benefits our advice is to contact us before you take on any work. We can explain your options during this difficult time, including that working may not always negatively affect your case.”
Sometimes individuals will try to attempt to work after they have filed an application for disability. These individuals may soon realize that their health problems cause them to fail at the job. The Social Security Administration calls that situation an unsuccessful work attempt.
If your work attempt falls into the criteria set by the Social Security Administration, those earnings may potentially not be counted against you.
If you are a Social Security Disability beneficiary and receive Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI) benefits, or both, and you are working—even if it is just part time—you are required to report your gross wages to the Social Security Administration on a monthly basis.
Here is more practical advice about how you can help your case and increase your odds of being awarded benefits:
Keep a journal.
Write down the details of all your medical treatments and how your disability affects your daily life, including how it is difficult to get and keep a job. For tips on keeping a journal read our blog article: “A Disability Journal Can Improve Your Odds of Winning Your Case.”
Follow all prescribed treatments.
This is a critically important piece of advice and one that is often ignored. It is essential to completely follow the treatment plan set by your doctor, including taking all prescribed medications. If you are unable to take your prescribed medications for a medical reason, this must be documented in your treatment notes. Otherwise, your claim could be denied.
Get your doctor’s opinion.
Social Security decides a disability case by assessing a person’s residual functional capacity, or RFC. This is an evaluation of what you can still do despite your health problems. One of the most important pieces of evidence in a Social Security Disability case is your own treating doctor’s opinion about your RFC. Social Security often gives substantial weight to the opinion of your personal physician. So, follow up with your doctor and get this done. For more information, read our blog article: “The Secret to Winning Your Disability Case.”
Nash Disability Law is your go-to Chicagoland Social Security Disability law firm. Contact our disability lawyers for a free evaluation of your disability case and to learn more strategies to help you win the disability benefits you have rightfully earned.