IS IT WISE TO WORK WHILE WAITING ON SOCIAL SECURITY DISABILITY?

In our Social Security advocacy practice, we are often asked if it's a good idea to try to work while waiting on a disability decision.  If I had to give a one-word answer, I would say, "No."

But it's a little more complicated than that.  There is a technical answer and a practical answer.  I will try to give both answers, because I realize people have to eat while they wait 2 years or more for Social Security to make up their minds.

THE TECHNICAL ANSWER:

Claimants are permitted to work at limited levels while pursuing an SSDI claim.  If you are engaged in work which is not substantial gainful activity (SGA), it will not automatically disqualify you for SSDI benefits.  In 2018, if your earnings are less than $1,180 per month, you are not engaged in substantial gainful activity. 

THE PRACTICAL ANSWER:

With some judges, any work can jeopardize your case.  Let's say you are working part-time and only earning $900 per month.  That's well under the SGA limit of $1,180, so you have no problem, right?  Not necessarily.  Some judges will take the attitude that if you can earn $900 per month, you could earn $1,180 without much more effort.  Their thought process goes something like this:  "You're telling me that you can work enough to earn $900 a month, but you can't work enough to earn $1,180?" 

I've actually had judges say to me, "In today's economy, a lot of jobs are part-time jobs.  A person may be working a part-time job because that's the only job he can get, not necessarily because that's all he is able to do."

Let's say your part-time job requires you to be at work 8 hours per day each Monday, Wednesday and Friday.  You are off Tuesdays and Thursdays.  A judge may have a difficult time believing that you are able to work regularly and dependably on Mondays/Wednesdays/Fridays, but not on Tuesdays/Thursdays.  So, I think there is more to look at than just the dollar amount of your earnings, although that's all the law addresses, technically.

So, while the written law permits you to earn up to $1,179 per month in wages, tips or commission and still be disabled, I'd much rather walk into a hearing with a claimant who isn't working at all than one who is earning $1,179 per month.

On the practical side, I think the rule of thumb is this:  The closer you  get to earning $1,180 per month, the bigger problem you may have with Social Security decision makers.  Earning $500 per month may not cause any big issues, but earning $1,100 may create problems.

Each claimant has to decide for himself whether he needs the money a part-time job provides while they wait on Social Security to decide their claim.  The same problem still exists after your disability case is approved.  Persons who receive Social Security disability are also allowed to work below substantial gainful activity level.  (Earning more than SGA wages will cause your disability check to be discontinued).  What about earning $1,000 a month?   Again, I think the rule is:  The closer you come to SGA earnings, the bigger the potential for a problem you have.

Obviously, Social Security recognizes that people must eat while they wait months or years for a disability decision.  I suppose that's why they allow limited, part-time work.  But I have given you the truth of the matter here, as I have observed it during my years of work as a Social Security disability advocate. Be very informed about how working can affect your SSDI claim.