Tuesday, April 9, 2024

Can You Get Approved For Disability While Still Working

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Working While You Receive Ssi Or Ssdi Benefits

Working while waiting for your disability approval

If you want to try to go back to work while you are on SSDI or SSI, it is important to try to plan ahead. You will not automatically lose your disability benefits if you go back to work. SSA has special rules called work incentives. They allow you to keep all or part of your benefits while you try out your ability to work. SSAs rules concerning work, however, are complex and can be confusing. There are agencies in Illinois that can help you plan and determine how work earnings may affect your benefits. For agencies that can help you, see the directory of agencies on SSAs website. Note: Be sure to let SSA know if you start a job or leave a job. For SSI you must also report any changes in your monthly income, your assets, or your living situation. Changes can affect the amount of your benefit. Reporting right away will help you avoid any overpayment problems with SSA. Keep a record of any change that you report. Then you can show that you made a timely report even if SSA later claims it never received it.

Working and SSDI benefits

After the Trial Work Period ends, there is a 36 months where you can’t get a SSDI monthly payment if you earn more than $1,310. This period is called the “Extended Period of Eligibility.” During these 36 continuous months, you can receive your full SSDI check for any month that:

  • Your earnings fall below $1,310,
  • You lose your job, or
  • You become unable to continue to do your job.

Working and SSI


Expedited reinstatement for SSDI or SSI

Impairment Related Work Expenses

Impairment Related Work Expenses are things you pay for yourself that are related to your disability and that you need to work. Social Security doesnt count earned income that you use to pay for these expenses when they calculate your income. IRWEs include things like:

  • Medication
  • Personal care attendant costs
  • Special transportation costs

Social Security must approve the items that you want counted as IRWEs. You can use this form to request that Social Security approve your IRWEs. If the IRWEs are approved, Social Security will deduct these expenses from your income when they are calculating your SSI benefits amount or figuring out Substantial Gainful Activity. That makes it more likely that you will continue to get SSDI benefits.

Applying For Federal Disability Retirement

You must apply for disability retirement while still employed by the federal government or within one year of separation from federal employment. Note that “separation” from employment is not necessarily the date you became disabled or even the date you stopped working.

You apply by filing forms with your federal agency. But if you’ve been separated from federal service for more than 31 days, you should submit your disability application directly to the Office of Personnel Management rather than to your federal agency.

Once OPM receives your application, it will make an initial determination based on your medical records, your doctors’ opinions, and your application itself.

Also Check: What Are Non Medical Requirements For Disability

How To Protect Or Enforce Your Rights: Appeals

SSA denies many applications for disability benefits. Denials often occur because there was not enough medical evidence to prove a disabling problem. More than 50% of appeals are successful. If SSA denies your claim, strongly consider filing an appeal. Many people give up, wait a period of time, and reapply. In most cases, it is a better decision to file an appeal rather than to wait and to reapply. You should also consider appeals in other cases. You can appeal if you believe that SSA wrongly reduced or terminated your benefits. Also, if SSA takes wrongful actions, such as finding an overpayment or requiring a representative payee. Suppose you are already receiving benefits, and SSA sends you a notice to reduce or terminate. In that case, you may be able to keep your benefits while you appeal. You will need to act quickly to appeal, usually within ten days of receipt of the notice. Indicate on the appeal form that you wish to continue to receive your benefits during the appeal. For example, if SSA decides you are no longer disabled and sends you a notice, you may choose to keep your benefits until a judge issues a decision. There levels of the Appeal Process are as follows:

Requests for reconsideration

Request for an ALJ hearing

Request for review by the appeals council

  • The ALJ made an error of law,
  • His decision was not supported by substantial evidence, or
  • There was an abuse of discretion.

Lawsuits in U.S. District Court

The judge can:

How to file an appeal with SSA

What Are The Basic Eligibility Requirements

Can You Work While You Are on Social Security Disability?

The current retirement system for federal workers and postal employees is called FERS, the Federal Employees Retirement System. This system replaced the Civil Service Retirement System in 1987, but some federal workers who started before 1987 will still be covered by CSRS.

To be eligible for disability benefits under FERS, you must have worked as a federal civilian or postal employee for at least 18 months.

To medically qualify, you must become unable, due to a physical or mental disease or injury, to perform “useful and efficient service” in your current position, which means you must be unable to carry out an essential element of your job. Your disability must be expected to last at least twelve months from the date you file the application.

In addition, your federal agency must state that it has tried and failed to accommodate your medical condition in your current job, and that it was unable to reassign you to another nearby position in the same agency at your grade or pay level.

It is not necessary that your disability resulted from an on-the-job injury, work-related condition like stress, or occupational disease, as in a workers’ compensation case. And unlike Social Security disability, you’re not required to show that you’re “totally disabled,” only that you’re incapable of performing the duties of your current job.

Also Check: Dod Medical Retirement Calculator

How Does Divorce Affect My Cpp Disability Benefits

CPP eligibility rules allow for a splitting of CPP Disability credits accumulated by both partners during the time they were together. That means the person with the greater accumulated CPP credits must transfer some of their credits to their former partner in order to equalize the credit for each partner during the time they were married.

Is Your Condition Found In The List Of Disabling Conditions

For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

We have two initiatives designed to expedite our processing of new disability claims:

  • Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrigs disease , and pancreatic cancer.
  • Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.

For more information about our disability claims process, visit our Benefits For People With Disabilities website.

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Can I Work While My Social Security Claim Is Pending

A person can still get approved for disability benefits if they are working part time and not earning more than $1,180 as they are not performing substantial gainful activity to be disqualified under the rules.

Please see below:

If you are working in 2018 and your earnings average more than $1,180 a month, you generally cannot be considered disabled. If you are not working, we will send your application to the Disability Determination Services office that will make the decision about your medical condition.

In reality, even if you are only working part-time and earning less than that amount it will be extremely difficult to get approved as the SSA will most likely use that fact against you.

The reason many lawyers counsel against working while filing for benefits is that it can add a layer of difficulty to your claim. It will be necessary to explain to SSA and / or the judge why you can work. Be honest and upfront with your lawyer and Social Security you dont want to find out that you make too much money to receive any benefits!

Are You Able To Do The Work You Did Before Your Disability

Social Security Disability FAQ: Can I Work while applying for Disability?

The next step in the evaluation process is to decide if your disability prevents you from performing the job you previously did at a reasonable level.

The SSA has a system in place to help them evaluate your capacity to perform job-related tasks.

They will look at your relevant work history throughout the previous 15 years, which includes all the activities that youâve done for pay. So it excludes any hobbies or volunteer work.

Theyâll make their decision based on the following four factors.

Job descriptions – Your job descriptions from relevant work history will include the tasks youâve performed, as well as your average weekly workload. It will also include the skills you needed to perform the job, and a description of the environment you worked in.

Physical requirements of the jobs – This portion of the evaluation will determine the physical demands of the job. For example, if it was primarily a desk job, or if it involved manual labor like climbing, lifting, or extensive walking.

They will also look at any equipment you had to use on the job, and if your disability affects your ability to use it now.

Any difficulties that you faced – Your difficulties might include reduced hours due to your disability, or having to take frequent leaves because of your health. They might ask if you needed a lot of help from your coworkers due to your condition.

Read Also: How Much Is Disability In Ca

What Evidence Do You Need For Your Application

The evidence you gather for your SSI and SSDI applications are similar to that for your VA disability claim.

Be sure to have evidence, including:

  • Medical records
  • Diagnostic records proving your disability
  • List of medications
  • List of treating physicians and medical facilities
  • Work history from the past 15 years

You will also need personal documents including your original birth certificate and Social Security card when applying. If you have questions about specific evidence to gather, call your local Social Security office.

Disability Benefits For Young Adults

If you have an adult child with a disability, then might still be able to receive disability benefits through your work credits.

They can receive benefits if a parent is deceased ,or if the parent starts earning retirement or disability benefits.

It is a âchildâ benefit because it is paid through the taxes and earnings of the parent.

The child must be single, and the disability must have started before the age of 22. They also have to go through the evaluation of disability like other adults.

The child can also be a stepchild, grandchild, or step grandchild.

Read Also: Army Medical Retirement Pay Calculator

Wow I Am Sorry To Hear Your

Wow, I am sorry to hear your situation, mine hasn& #039 t got to that point yet as I have my house on the market, can& #039 t work, no money, staying with my sister, came here from 400 miles away to take a job only to lose it 6 weeks later, lost 2 of my 4 cats, my life is upside down too, thank GOD I have no children …only my 2 cats…. Pray to GOD and trust him 101% and see what he does for you…I know my day will come too, this too shall pass. I will pray for you and your family…

What Counts As A Disability

Can You Work While Receiving Social Security Disability ...

There isnt one standard definition for a disability that applies across the board here.

Its all plan- or policy-specific, says Chicago-based attorney Michael Bartolic, whose firm focuses on employee benefits and deferred compensation. As a general observation, its any sort of injury or illness that renders one unable to do their job.

That could include things like childbirth, a major surgery with a long recovery period, an illness that requires frequent treatment, or an injury sustained in some sort of accident. Bartolic explains that the best thing to do is to check your plan documents, as the definition of disability should be clearly spelled out there.

Also Check: How To Calculate Disability Retirement Pay

If I Am Getting Workers Comp Do I Have To Wait Until It Ends Before Applying For Disability Benefits From Social Security

Applying for Social Security Disability while you are receiving workerscompensation payments or while your workers comp claim or appeal is pending is just fine. In fact, it is especially advisable if the following conditions apply:

  • you are disabled not only from the occupation you were in when you were injured, but also from performing other occupations or
  • you have been in one occupation all or most of your working years or at least the last fifteen years and cant do that job any longer and
  • you believe that your disability will last longer than twelve months.

Why You Can Still Apply For Disability Benefits After Youve Been Fired

At first glance, it did not seem like a strong claim for disability benefits. The claimant, a technician, applied for short-term disability benefits claiming that he was disabled as a result of severe spinal and hip disorders. He filed his claim after his employer fired him for repeated acts of insubordination. Under the terms of his ERISA policy, no individual could qualify for disability benefits if the period of disability began when he or she was no longer an employee of the company. Solely due to this provision, the plan administrator denied the claim for disability benefits.

In his lawsuit seeking to overturn the Plans decision to deny him disability benefits, the claimant argued that his period of disability began more than six months before his termination.

His case is Hipple v. Matrix Absence Mgmt., Inc., , and it is a decision of considerable importance for disability claimants. In Hipple, the claimants argument, on the surface at least, could seem flawed. How could you be disabled during a period in which you were still working? In Hipple, the court denied the Plans motion for summary judgment, faulting the Plans assumption that, because the claimant continued to show up to work until the day he was fired, he was not disabled before that date.

Disability cases are almost always complex. If you believe you have been unfairly denied long-term disability benefits, you should contact an experienced Tennessee disability law firm.

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Can I Work While On Social Security Disability

If you’re looking into applying for Social Security Disability, it can feel overwhelming and you may find yourself with a lot of questions. “What will the judge ask at my disability hearing?” is one that we hear often, and answered in a previous blog.

There’s one more very common question we hear, and we’d like to take the time to answer that question for you today.

More Information On How To Request A Review Of The Decision

Can you work if you receive SSI disability payments?

There are 3 ways you can make your request for reconsideration:

  • prepare and submit a written request to review the decision and include:
    • your name
    • your Social Insurance Number or Client Identification Number
    • a detailed explanation of why you do not agree with the decision
    • any new information that could affect the decision
    • your signature and the date

    If you complete your request on paper

    Sign and date your written request and submit it:

  • electronically by signing into My Service Canada account, or
  • in person at a Service Canada office
  • Reconsiderations can take several months to complete, depending on the case. Service Canada will review your application and any new information you submit in support of your request and send you a decision by mail.

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    Is Mental Health Covered With Short

    What if its not something physical that takes you away from the demands of your job? What if youre struggling with depression or some other mental health issue that makes it nearly impossible to fulfill your work responsibilities?

    Mental health can be covered by many short-term disability plans . However, youre going to need to have proof that this is an issue youve been struggling with for some time.

    You should be talking with a psychiatrist before your leave, says McDonald. There should be a really solid foundation of what the problems are.

    Will I Still Get Backpay

    The amount of backpay you get is based on your onset date . They often choose the date you last worked, so if you are working the whole time you applied, its impossible to guess what day they might choose! You may get more or less backpay depending on the date.

    If you go back to work while applying and then stop again, there is a possibility Social Security will change your onset date to the last day of this new work attempt.

    If your onset date changes, this means you may get less backpay, but your future checks will not change. In some cases, working for just a few weeks could mean getting significantly less backpay.


    For SSDI, its difficult to answer this question. Your disability check can go up, because when you work you may be paying Social Security taxes, which will cause your disability check to raise. Or your check can stay the same. Or if Social Security changes your onset date when you get approved, sometimes this can make your future checks go up or down.

    For SSI, your disability check will be reduced if you have any kind of income, including work income. Your backpay check may also be reduced. How Will Income Affect My SSI Check?

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