A question I often hear from clients is whether they can work part-time while waiting for their Social Security Disability case to make its way throughout the process.
My name is Kaitlin Wildoner, and I’m an attorney who helps disabled clients obtain their Social Security disability benefits as quickly as possible so they can focus on getting better. Today we’re going to talk about whether you can work part-time while applying for either Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits.
First, it’s important to understand that in order to be found disabled by the Social Security Administration, you must have a severe medically determinable impairment that prevents you from engaging in any kind of substantial gainful activity for a period of at least 12 months or more. That means that Social Security does not allow for temporary disability. If you’re only going to be disabled for a month or two following a major procedure, that would not qualify you for Social Security Disability benefits. However, if after that major procedure, you continue to have difficulty and you’re unable to ambulate effectively or you’re unable to return to any level of functioning that allows you to work in any capacity, you might be found disabled by the Social Security Administration.
Social Security Administration defines substantial gainful activity as working 20 hours a week or more, or for 2022, earning $1,350 in gross income each month. That means $1,350 a month before taxes, health insurance, and any other deductions that you’ve got.
Unfortunately, if you are working more than 20 hours a week or earning more than $1,350 a month in gross earnings, the Social Security Administration won’t even get to the medical evidence. This is because in their mind, you’re engaging in substantial gainful activity, and you can continue to do that and support yourself.
So while you can work part-time below that substantial gainful activity threshold while waiting for your Social Security case to play out, it’s important for you to consider whether you could work full-time instead of part-time, as that’s going to be a concern that Social Security has when reviewing your case. If you have an attorney, you should have a conversation with her or with him about your desire to work, your current work status and what impact working part-time would have on your disability case if you are disabled and unable to work.
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