The quick answer to the first question is of course a resounding YES! If an individual has the ability to work, he/she should absolutely do so. The Social Security disability system is in place to assist individuals who have been prevented from working, or could be expected to be prevented from working, for at least a 12 consecutive month period. Therefore, if a person is able to work, albeit even at a reduced capacity, he/she should do so. Keep in mind, you are likely going to earn far more working, even part-time, than you would should you receive disability insurance benefits and/or Supplemental Security Income (SSI).
That said, I often get asked whether an individual’s current work activity will impact his/her Social Security disability case. The answer is maybe. If an individual who has already applied for disability benefits is currently working we need to look at how much the person is working and what he/she is earning. Different rules apply for individual who are working for a company or another person and those who have their own personal business. As it is more common for people to work for a company etc. I will address this specific demographic.
If a person, who is suffering from a severe physical and/or mental impairment is unable to work full time but remains able to work on a limited basis, the main issue is whether he/she is engaged in substantial Gainful Activity (SGA). As I stated in a previous blog post entitled “Understanding the Sequential Evaluation Process” (see https://www.greemantoomey.com/understanding-the-sequential-evolution-process), if an individual is currently working the Social Security Administration (SSA) will examine how much the individual is earning per month. Typically if an individual’s monthly gross income (the amount earned prior to taxes being taken out) is greater than the set SGA limit he or she will not be considered disabled. The theory is, if an individual has the ability to work by engaging in SGA, he/she cannot (typically) claim to be disabled.
The SGA amount has changed over time. Currently SGA is defined, for non-blind individuals, as gross earnings of $1,010.00 per month. Meaning if someone is earning $1,010.00 or more (before taxes are taken out) a month, he/she is engaging in SGA. This amount is different for blind individuals. The current SGA amount for someone who is blind is $1,690.00. The list showing how this amount has been adjusted over time can be found at: (http://www.ssa.gov/oact/cola/sga.html).
While engaging in SGA will typically preclude an individual from receiving Social Security disability benefits, there are exceptions which may allow an individual to engage in SGA for a limited amount of time without impacting his/her eligibility for disability benefits. Such exceptions include an “Unsuccessful Work Attempt” (UWA) and a “Trial Work Period” (TWP). The UWA exception was discussed in a previous blog post at: (https://www.greemantoomey.com/unsuccessful-work-attempt), and the TWP will be addressed in a future post.
