Can I receive Social Security disability benefits and still work?

The SSA looks at different factors before deciding to end disability benefits for a particular recipient. For example, if you are disabled, the nature of your disabilities will determine when the SSA will end your social security benefits.

If you are expected to recover from your disability, the SSA will conduct reviews periodically to check the status of your disability. They will end the benefits if they determine that you have recovered from your disability.

Returning to work does not necessarily mean that the SSA will terminate your benefits. You can actually work as many hours as you want. However, you cannot earn more than the earning limits provided by the SSA. For example, in 2022, you cannot earn more than $1350 a month (as an individual) or $2260 if you are blind. The SSA will terminate your benefits if you earn more than the set limit.

In other words, the government agency will conclude that you participated in Substantial Gainful Activity, also referred to as SGA.

However, there are a few exceptions to this rule.

If you earn more than the SGA threshold but have expenses related to your disability and nature of work, then the SSA will deduct these expenses from your salary. For example, let’s say you need special equipment to use your computer at work and you must purchase this equipment once every month. In that case, this could be a work-related expense. Secondly, this expense might relate to your disability.

It is also important to note that earning over $1350 a particular month (in 2022) does not necessarily mean losing your social security disability benefits. Rather, you may be able to calculate the average income from the number of months you worked.

For example, let’s say you earned $2000 in January and then $500 in February. In that case, the total amount of money you earned between those two months is $2500. Therefore, when calculating the average salary over the two-month period, you’ll have earned $1250 a month ($2500 divided by two months). As a result, you may still be able to keep your benefits because $1250 a month is below the $1350 threshold.

The SSA also allows disability benefits recipients a nine-month period to ‘“test the waters.” This period allows recipients to return to work to see how they will perform in their new environment while disabled. If their disability does not prevent them from working, the SSA might revoke their benefits. On the other hand, they may be able to keep their benefits if they cannot work due to their disabling condition.

The timing for a disability review will depend on whether the condition is likely to improve.

If expected to improve, the SSA will review the disability within 6 to 18 months after their decision. If there is a possibility that the condition will improve (but not guaranteed), the government agency will review it at least once every three years. If the condition is not expected to improve, the SSA will review it at least once every seven years.

If the SSA terminates your benefits after determining that you can work, you may still reapply for benefits if you can no longer work due to the disability. Let’s say you went through the nine-month window period used to “test the waters” and realized you could work. If your condition worsens months later, you can reapply for benefits.

Suppose you reapply within five years of termination of benefits. In that case, the SSA will expedite your application, meaning you will not have to stay in the waiting line like other individuals applying for the first time.

Applying for disability benefits is not always easy. The last thing you want is to be denied benefits based on technicalities, not facts. For example, as mentioned earlier, the amount you earn while receiving benefits will determine whether or not you will lose your benefits. But sometimes, some of these figures may not be accurate.

This is just one of the reasons you need someone experienced in disability benefits to help you understand your options. That is where Morgan and Morgan comes in.

At Morgan and Morgan, our social security attorneys will review your specific circumstances and offer crucial legal advice and representation to help you obtain favorable results. And if the SSA has denied your application for benefits, our attorneys can help you file an appeal, prompting the agency to reconsider its decision. And because some of these applications are denied based on technicalities and lack of enough information, our attorneys know how to build a strong case to convince the government that you need these benefits.

The best part is that we will not charge you anything to start this process. We understand how difficult life can be when struggling with a particular disability. For this reason, we offer our services on a contingency-based system, meaning our clients do not pay us unless we win.

If you or your loved one has been denied benefits due to unfair reasons or are considering applying for benefits, fill out our free case evaluation form. We might be able to help.

The SSA has an exception known as the Trial Work Period. This period usually lasts nine months. During the TWP, disability recipients can test their ability to return to work and earn whatever salary they wish to without worrying about surpassing the limits set by the SSA. In short, they can participate in SGA without worrying about losing their benefits.

It is also important to note that the rules for the TWP change now and then. For example, in 2022, if you earn more than $970, the SSA considers this salary a trial work month. Likewise, if you are self-employed and work more than 80 hours in any month, this is considered a trial work month.

Another thing you need to know is that the nine-month period does not need to be consecutive. Just as long as you participated in TWP for nine months, the SSA will review this period, whether consecutive or not.

After the review, the SSA might still award you benefits for any month where you earned less than the SGA limit for 36 months. This is what is popularly known as the “extended period of eligibility.”

To further understand how the extended period of eligibility works, let's assume you earn more than the SGA limit for that particular year (for example, $1350 in 2022). In that case, you will not receive benefits for that month. On the other hand, you will receive benefits if you earned less than the SGA limit for that particular year.

Yes, you can apply for disability benefits after returning to work. If you do that within the first five years of returning to work, you will go through a process called expedited reinstatement.

Here is a hypothetical example of such a situation:

John has successfully passed the Trial Work Period and found a decent job. However, two years into his new job, he cannot continue working because his disability has become even more severe. For this reason, he may be eligible for expedited reinstatement, meaning he will receive disability benefits from the SSA without having to file a new application. Because he previously received benefits, John will not need to begin his application from scratch.

The whole point of applying for social security disability benefits is that you have a disability that prevents you from earning a living to support your basic needs. Therefore, working while your social security disability application is pending could jeopardize your application. This is especially true if you earn more than the SGA limit set by the Social Security Administration.

In addition, if you work more than 15 hours a week, the SSA might conclude that you can participate in Substantial Gainful Activity. This is usually a sensitive area, so it is always advisable to consult an experienced disability attorney to review your case. The attorney will review your case and offer the best possible legal advice to increase your chances of obtaining a favorable outcome.

Although working while your disability application is pending can jeopardize the outcome of the application, quitting your job is not usually the best solution. The SSA considers many other factors before deciding on whether to approve your application.

For example, you will not receive social security benefits if you earn more than the SGA limit. However, you may be eligible for benefits if you are legally blind and applying only for Supplemental Security Income, which is usually offered to disabled US children, adults, and individuals aged 65 or older.

In addition, if you require numerous accommodations to be able to perform your duties and responsibilities at work, the SSA might deduct these expenses from your earnings. When that happens, you may be eligible for social security disability benefits.

Let's say you need special equipment to work—the SSA will deduct the cost of obtaining or maintaining this equipment from your salary. If you earn under the SGA limit after all these deductions, you may be eligible for disability benefits.

Technically, you do not need an attorney to apply for disability benefits. However, an attorney can help you understand the dos and don'ts of applying for benefits. Remember, there is no one-fits-all approach to this application. Instead, an experienced attorney will review the specifics of your case and advise you on how to proceed.

At Morgan and Morgan, our social security disability attorneys understand how confusing it is to apply for benefits. Should you stop working? How much can you earn? How long should you work? These are just some of the questions you will have to deal with along the way. But you should not worry about that when you work with us.

 Our social security disability attorneys can help you understand your options, increasing your chances of obtaining favorable results. Ready to get started? Fill out our free online case evaluation form.