Should you Attempt to Work While Pursuing a Social Security Disability Claim?

The application and review process for disability can be a nightmare for those dealing with a tight budget. For applicants that are entirely incapable of working, months of no income can drive a wedge in family life. On the other hand, applicants with a limited capacity to work face the risk of working away their disability benefits altogether. Although staying away from the workplace is the surest way to get approved for disability benefits, sometimes you can’t wait for the money. Most social security disability attorneys believe that you can work during your review process — but you must be aware of the following guidelines.

Working while trying to get SSD

Monthly Income Limits

If you are working during your disability review process, you can only work in a temporary and part-time capacity. Every year, the Social Security Administration applies a monthly income limit for workers that are pursuing disability benefits. Once you cross this income limit, you are considered capable of substantial gainful activity (or SGA). As of 2017, the limit for SGA is $1,170.00 per month. Anyone proven capable of earning such an income will be considered a healthy member of the workforce, and will not be approved for a disability claim.

As a result, working during a disability review can add enormous amounts of stress. It is imperative not to earn even a single dollar over the SGA limit, as doing so will result in immediate disapproval. If your financial situation is secure, it will always be a better choice to stay home during the review process. But if you must work to make ends meet, contact a social security disability lawyer and make a plan.

Unfortunately, the risk of being denied your disability benefits does not end at income level. You are considered for disability benefits based on the amount of work you are considered “capable” of executing. In addition to earning less than the monthly SGA limit, you must carefully consider the types of jobs that are acceptable for a disabled worker. For example, working a job in any type of construction will fuel the Social Security Administration’s case in denying your benefits. Such a job is considered physically demanding, and working one will serve as a show of your health and capability. Instead, it will prove beneficial to take a job which explicitly advertises physical requirements within the limits of your rehabilitation program.

What You Can Do

Though there are many risks involved with working during the disability application process, it is possible to thrive within the boundaries of a few different gray areas. It is illegal to hide your income regardless of your position, but certain freelance opportunities make it more difficult for the Social Security Administration to determine the physical demands of a job. For example, if you can do a construction job on your own, you could simply label yourself as an “independent contractor”. In this case, the government will not have the right to deny your benefits because of your proven capability. Though they take advantage of a gray area, this and other similar situations still come with some risk. The assistance of a social security disability attorney can set you on a safer course to approval.

When the budget is tight after filing a social security disability claim, it can be tempting to get back in the workplace to start earning an income. If you must work to make ends meet, keep in mind the guidelines that will point you towards your approval.

Contact a Social Security Disability Attorney

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