Monday, May 20, 2013

CAN I APPLY FOR DISABILITY IF I WORK?

Here's a question we get all the time?  Can I apply for Social Security disability without quitting work?

The answer is not "Yes" or "No."  The answer is "Maybe."

If you are working at what Social Security calls "substantial gainful activity" (SGA) level, you are not eligible for disability.  SGA for 2013 is earning at least $1,040 per month, in gross earnings.  Self employment income is also considered.  Note that Social Security does NOT count retirement income, investments, or most insurance or annuity payments as earned income.

Work can be considered SGA even if you don't earn $1,040 per month.  An example would be a self-employed person who works 40 hours a week in her own business but does not produce $1,040 a month in income.  This individual is still engaged in work that is "substantial" and "gainful."

If a person earns less than $1,040 per month (in 2013) he is technically not engaged in SGA and may apply for disability benefits.  However, Social Security may take the fact that you are working, even part-time, as an indication that you can perform work related activities.  That could hurt your claim.  The decision whether to work or not work after filing a Social Security disability claim is a tough decision to make.  It's probably better not to work unless you have to.

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