Can I work and file for disability at the same time?



Can you work and file for disability at the same time?



 
Yes, it is possible to work and file for disability. However there are some rules that will apply if you file for disability and plan on continuing to work. The definition of Social Security states that you must have a severe medically verifiable mental or physical condition that has prevented the ability to perform SGA for at least twelve months or it is expected to prevent SGA for twelve months or more. Social Security understands that people may need to pay their bills while they wait for a disability decision. Still they have to consider that a disabled person has to be unable to function as a normal person in order to receive a monthly benefit unavailable to non-disabled people. So what can you do if you need to work, but you are having a hard time working at due to your medical condition? You can reduce your hours and earnings so that you are under the Social Security monthly earnings limit. This may mean that you have to change your employment if your employer will not accommodate you. Unfortunately there is no way to be eligible for disability benefits unless your earnings are under SGA. The SGA limit is a hard rule unless you are receiving special considerations from your employer that have allowed you to keep your job. If your employer allows you to miss more work, have more breaks, allows less production, or any other consideration that is not provided to other employees doing your job, you are receiving special considerations. If you think this may be your situation you should inform the claims specialist taking you disability claim. Social Security will contact your employer for a questionnaire that is designed to get their input as to the worth of your work compared to other employees. If your employer states your work is worth less than your pay, Social Security will go with the percentage they determine your work is worth. Let's say that you are earning $2000.00 gross per month but your employer thinks your work is only worth 50% of other employees, Social Security will consider your work worth $1000.00. This would make your monthly countable earnings less than SGA even though you are being paid more. If you are not working or earning below SGA, you should make an appointment file for disability benefits. If you are working above SGA, you should at least speak to a claims specialist to see if you might have a valid special consideration from your employer that could allow you to file.














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These pages answer some of the most basic questions for individuals who are considering filing a claim.

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