A common question we receive as a Social Security Disability law office is whether people are still able to work on a limited basis while they are applying for and even after they are approved for Social Security disability benefits.
It is not in Social Security’s best interest to try and prevent people who are disabled from working. It’s quite the opposite, but there are rules related to working while Social Security considers whether you are disabled and these rules are in effect during the entire time you are considered to be disabled by Social Security.
Social Security has come-up with its own definition of being gainfully employed. In 2015, Social Security’s rules state that anyone earning $1,090 per month or more (before taxes are taken out) is considered to be performing Substantial Gainful Activity (SGA) and thus is not entitled to Social Security Disability Insurance (SSDI) benefits. This means that no matter what your disabilities are or the limitations that come with them, if you are earning this amount of monthly income through work you will not be considered disabled by the Social Security Administration.
Many clients ask the question “how much can I work and still qualify for Social Security Disability?”
The ethical answer we always provide to our clients is that you should work as much as you are capable of working. We explain the rules related to SGA, but never advise clients on how much they can or cannot work. We inform that if you are artificially limiting your work activity to still qualify for disability benefits it is unethical and you are trying to game the system.
There are millions of people out there who have disabling conditions that prevent them from working at a fulltime level who are unable to earn enough to be gainfully employed because of their limitations. Social Security’s rules related to SGA allow these people to earn a little bit of income wile remaining eligible for disability benefits at the same time.
To learn more about SGA click here.
