Working While Applying For Benefits
Keep in mind that the mere fact that you’re working, even if you are making somewhat less than $1,350 per month, may influence whether a disability claims examiner or a disability judge believes you’re disabled, especially if you’re working more than 15 or 20 hours a week. For this reason, many disability lawyers and representatives will advise their clients not to work while their case is pending. For more information, see our article on whether you have to quit work when applying for disability benefits.
About A Trial Work Period
During your trial work period, the Social Security Administration will most likely want to know such things as whether you are undergoing medical care and whether you are working within the restrictions that qualified you as disabled. If the Social Security Administration determines that you are no longer disabled, your benefits may be suspended. However, if you then have to stop work again in the future, there will be a window of time during which you can reopen your original application in an expedited claim.
Rules and guidelines regarding returning to work after being approved for Social Security Disability benefits are both complex and straightforward. An experienced attorney can point the way to your most favorable course of action.
Can I Work & Receive Social Security Disability Benefits
If you are currently receiving Supplemental Security Income or Social Security Disability Insurance benefits, you must comply with strict rules regarding your employment. Generally speaking, you cannot work while receiving Social Security disabilitybut there are some exceptions.
As of 2021, you can earn up to $1,310 per month and still receive SSDI benefits.
There is no limit to unearned income, such as your spouses earnings, inheritances, gifts, etc. associated with SSDI. Understanding your options and your rights can help you avoid a mistake that could cost you your benefits. Since 1922, Handler, Henning & Rosenberg LLC has served the hard-working people of Pennsylvania, fighting for the fair treatment and benefits they deserve when they are disabled and cannot work. Federal and state benefit programs are in place to help those who cannot support themselves, and our attorneys believe in upholding the principles upon which SSDI and SSI were founded.
To find out how we can help you, call .
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What We Mean By Disability
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you to have a qualifying disability under Social Security rules if all the following are true:
- You cannot do work and engage in substantial gainful activity because of your medical condition.
- You cannot do work you did previously or adjust to other work because of your medical condition.
- Your condition has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings, and investments.
Are You Getting A 100% Schedular Rating Or 100% Unemployability
Veterans receiving 100% schedular ratings have no limitations on working. The VA gives an individual unemployability rating when it determines a veteran can not find and keep a job with the rated conditions, or a large percentage of work time would be lost due to related illness or medical treatments.
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Hire A Disability Lawyer
If you are confused about your SGA or your income limits, or need help applying for benefits or appealing a denial of benefits with the SSA, you should consider hiring a disability benefits lawyer or advocate. A lawyer or advocate can help you gather necessary evidence, fill out your application, and make sure that you maximize your chance of receiving the disability benefits you need.
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What Are The Rules For Working While On Ssdi
If you can work and earn money to make a living, you might not be eligible for SSDI or SSI benefits:
- SSDI benefits are for people who have medical/mental conditions that prevent them from working. These benefits are available to people who have worked long enough and recently enough to qualify.
- SSI is for disabled people based on financial need. Recipients cannot earn more than a certain amount of money nor possess more than a certain amount of property to qualify.
You can work while receiving Social Security retirement or survivors benefits, however.
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Information We Need About Your Work And Education
To decide whether you are disabled, we use a five-step process. Listed below are frequently asked questions about Step 4 and Step 5 of the process.
We need to find out about your past work to decide if you can still do it. To make this decision, we need to know how you did your job. We also need to know if you learned skills on your job.
We need this information to see if you can do any of your past work. Remember that you are not disabled according to our rules unless your illnesses, injuries or conditions prevent you from doing your past work or adjusting to other work.
Information about your education and training are also very important to us. If you cannot do your past work, we look at your age, education, training, and work experience to see if you can do other kinds of work.
Disclaimer: The following is general information only. The Social Security Act and related regulations, rulings and case law should be used or cited as authority for the Social Security disability programs.
Pausing Dsp For 2 Years
We can pause your DSP payment for up to 2 years if either:
- you work 30 or more hours per week
- your income reduces your DSP payment to nil for 6 consecutive fortnights.
You can ask us to restore your payment within 2 years if any of these apply:
- your hours reduce below 30 per week
- your income reduces below the cut off limit for DSP
- you stop working.
You must notify us that you have started work within 14 days. You also need to give us the details of that work.
We cant pause your payment for 2 years where your partners income is the reason your DSP reduces to a nil rate due to the income test.
See what your work means for your Pensioner Concession Card entitlement.
We wont pause your DSP for working 30 or more hours per week if one of the following applies:
- you get ongoing support from a Disability Employment Service.
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The Disability Application Process
Whether you apply online, by phone, or in person, the disability benefits application process follows these general steps:
- You gather the information and documents you need to apply. We recommend you print and review the . It will help you gather the information and documents you need to complete the application.
- You complete and submit your application.
- We review your application to make sure you meet our for disability benefits.
- We confirm you worked enough years to qualify.
- We evaluate any current work activities.
- We process your application and forward your case to the Disability Determination Services office in your state.
- This state agency makes the disability determination decision.
To learn more about who decides if you have a disability, read our publication .
Once You’ve Applied
Once we receive your application, well review it and contact you if we have questions. We might request additional documents from you before we can proceed.
Look For Our Response
When the state agency makes a determination on your case, youll receive a letter in the mail with our decision. If you included information about other family members when you applied, well let you know if they may be able to receive benefits on your record.
Check The Status
You can check the status of your application online using your personal mySocial Security account. If you are unable to check your status online, you can call us 1-800-772-1213 from 8:00 a.m. to 7:00 p.m., Monday through Friday.
Contact Our Disability Benefits Lawyers Today
Krasno, Krasno, & Onwudinjo is a law firm that comes from three different generations. Our highly qualified team of lawyers will do anything in their power to make sure you receive the compensation you deserve. To schedule a free initial consultation, email us or call us at 215-310-0001 or toll-free at 877-794-2396. We handle all cases on a contingency basis, meaning that we collect attorneys fees only if you receive compensation in your case to obtain benefits.
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Ssi/ssdi And Employment: A Brief Overview Of Ssa Work Incentives
Case managers are encouraged to support individuals to pursue their vocational goals, both before and after applying for SSI/SSDI. This overview will briefly discuss how the Social Security Administration views the work activity of an SSI/SSDI applicant, and the many work incentives available to beneficiaries.
When Can I Legally Work With A 100% Va Disability Rating
A veteran may legally work even with a 100% VA disability rating on the schedule of ratings, either as a combined percentage or as the result of a single medical issue.
However, if the veteran is listed by the VA as being 100% unable to work under the total disability/individual unemployability rating, the veteran is not permitted to have substantial gainful employment. This is listed in the Code of Federal Regulations, but there is no comprehensive list describing what is considered substantial gainful employment.
Instead, the Code of Federal Regulations defines what it does not consider to be a violation of these rules, something called marginal employment. This is defined as follows:
Theres more. So-called marginal employment may also include employment in a protected environment such as a family business or sheltered workshopwhen earned annual income exceeds the poverty threshold.
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Can I Work While Receiving Social Security Disability Benefits In New York
Once you begin receiving Social Security Disability benefits, you are allowed a trial work period of up to nine months total over a five-year period. This means that you can return to work for that amount of time and still receive SSD benefits. In this way, you can test your endurance and strength on the job despite your disability. Many people coping with disabilities want to try to work again perhaps at a different occupation than before, or perhaps at a modified version of their previous job.
The Klein Law Group, P.C., welcomes any and all questions regarding SSD and related matters, such as qualification for Medicare benefits while you are working and receiving SSD benefits.
Can You Work While On Short
Insurance companies that sell disability insurance policies arenât known to be soft touches when it comes to qualifying for a disability insurance policy. Still, they are fair, and they do allow you to earn an income while youâre collecting short or long-term disability benefits.
These benefits are claimed under the partial disability definition and are called residual disability benefits.
The residual disability benefit for partial disability may pay the full amount of benefits youâd receive if you were totally disabled for a limited time, after which youâll receive a percentage based on your earnings from work. The calculation of that percentage is performed by the insurance company and factors in the loss of responsibilities, income, and time, and pays out to replace those losses.
To elaborate on the three ways that insurers measure a partial disability:
- Loss of responsibilities: when you can work, but you arenât able to accomplish the duties that make up 20% or more of your work.
- Loss of time: when you can perform all of your duties, but you canât perform them for more than 75% to 80% of the time you previously spent doing them.
- Loss of income: when you experience at least a 15% to 20% loss of income because of illness or injury.
You may qualify for total disability benefits if your illness or injury progresses to the point that you become unable to continue working at your job.
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Is My Earned Income Deducted From Ssdi And Ssi
Any income you earn has the potential to reduce your SSD monthly financial benefits. To understand how your income will impact your benefits, you must first apply for, or be a recipient of, the appropriate SSD benefits program. You may even qualify to receive benefits from both programs simultaneously.
How Much Can You Work When Receiving Ssdi Or Ssi Disability Benefits
There are several requirements that the SSA has put in place for working while receiving disability benefits. SSDI and SSI disability benefits are normally granted on the basis that your disability is severe enough that it prevents you from participating in any substantial gainful activitysuch as working.
The general rule is that if you are receiving more than $1,170/month in 2017 from working , then the SSA will deny or discontinue your disability benefits.
However, there are certain circumstances under which you can continue to receive benefits while working. In fact, the SSA tries to encourage people to see if they are able to go back to work by offering certain incentives based on their benefits. This article will highlight the guidelines that the SSA requires when working with disability benefits.
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Why Is A Veteran Rated At 100% Disability When They Are Not Fully Impaired In Some Way
If a veteran has a VA-rated condition that earns, for example, 50% disability, but the condition results in the veteran being unable to function in the workplace, that veteran could be awarded 100% disability compensation based on unemployability, even though the condition does not fully impair them in everyday life.
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When Do Work Hours Matter For Ssdi
If you earn more than $1,350 per month, the SSA considers you to be self-supporting. Hours are not usually what the SSA looks at if youre on SSDI. However, the hours you work might matter if:
- You are self-employed.
- You are the head of a business, such as a Limited Liability Company or corporation.
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The Effect Of The Gig Economy On Working While Disabled
The gig economy has had a significant impact on peopleâs ability to earn money while theyâre considered disabled by the SSA or private companies issuing disability income insurance policies.
Letâs use Gina as an example.
Gina is an accountant, and before becoming disabled, she worked for a firm that required her to report to the office every day where she would meet with clients.
After being seriously injured in a motor vehicle accident, Gina qualified for long-term disability benefits because she could no longer physically go to her office and perform her duties, and her firm would not let her work virtually.
However, being the industrious type, Gina decided to spend part of her day freelancing as a virtual personal assistant. She was able to spend about 4 hours per day working and replaced right at 50% of her income, something she wouldnât have been able to do if she couldnât have used digital platforms like Zoom and Trello.
As a result of working on a limited basis, Gina qualified for residual disability benefits.
When Do Your Work Hours Matter
It is believed that if you earn over $1,350 per month, you are considered to be self-supporting. If you are on Social Security, your hours are not taken into consideration. However, the hours you work might matter if:
- You are a self-employed individual
- You are working at a business, such as an LLC or corporation
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Practical Support With Your Work
Access to Work could give you a grant to help pay for things like:
- BSL interpreters, lip speakers or note takers
- adaptations to your vehicle so you can get to work
- taxi fares to work or a support worker if you cannot use public transport
- a support worker or job coach to help you in your workplace
Your workplace can include your home if you work from there some or all of the time.
It does not matter how much you earn. If you get an Access to Work grant, it will not affect any other benefits you get and you will not have to pay it back.
You or your employer may need to pay some costs up front and claim them back later.
Contact Chisholm Chisholm & Kilpatrick For Help
If you wish to try and return to work while still receiving long-term disability benefits, it may be beneficial to seek the help of an LTD attorney. Chisholm Chisholm & Kilpatricks attorneys have experience handling such cases and can evaluate your policy to ensure you are proceeding within the bounds of your plan. If you are appealing a loss of benefits, our team can help you fight back. Our lawyers have over 33 years of combined experience working with long-term disability law and are available to assist you with your case as you try to return to work. You can contact our team for a complimentary consultation at 800-544-9144 or by reaching out online.
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