The Effect of Work on Your Ability to Get Social Security Disability.
By Friedman Law Firm, P.C. of Friedman Law Firm, P.C.
Thursday, February 13, 2020
It is vitally important to have knowledgeable and experienced representation when pursuing disability benefits. Your representative can frame the legal issues and medical evidence in the light most favorable to you and help you navigate through the disability process. In my more than nine years of experience, working after alleged onset date (“AOD”) – the date you believe you became disabled – is one area where having helpful, knowledgeable representation is critical.
Many people believe that working after the AOD automatically disqualifies them from disability benefits. This is not true. There are many issues to be considered -- including some exceptions to the rule --; that may allow you to continue pursuing benefits even if you work.
How Much Can I work?
First, determine if your earnings are substantial gainful activity (“SGA”). A person earning more than a certain monthly amount, set by SSA and changed annually, is ordinarily considered to be engaging in SGA. If your earnings fall below SGA, your earnings alone cannot end your pursuit of disability benefits. Seek legal advice to determine the relevant SGA amounts and to find out whether your earnings exceed those limits.
Possible Exceptions to SGA
But what if your earnings meet or exceed SGA limits? There are exceptions that would allow your claim to continue.
One exception is called an unsuccessful work attempt. Even if a person’s earnings equal or exceed SGA, these earnings will not be counted as SGA if the work was performed over a short period and is stopped due to a medical condition. Additionally, if you are working but are given significant accommodations – special equipment, additional work breaks, etc. -- or working in what SSA refers to as a “sheltered” workplace, you may still be entitled to receive benefits.
Each exception mentioned above has specific criteria and requirements that you may or may not satisfy. However, the fact you are working or have worked after your AOD does not necessarily mean you aren’t eligible for disability benefits.
To find out if you are eligible to receive benefits, contact the experienced, skilled, and knowledgeable folks here at the Friedman Law Firm today-- 205-879-3033.
Remember, we represent clients all over the United States (and some living abroad) and our attorneys come to you if a hearing is needed!
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Doug and Jessica Friedman Help Plan Conference on Life, Disability, and Health Insurance.