EMPLOYMENT DURING MY SSD CLAIM: YES OR NO?
Filing an SSD claim for benefits is a long, lengthy process. From completing the Social Security forms and requesting medical records to possibly dealing with an initial denial, requesting reconsideration, and then potentially requesting a hearing. This process can be incredibly lengthy. Hearings may take a year or more to get scheduled after your initial filing for social security disability benefits.
CAN I STILL TRY AND WORK WHILE MY CLAIM IS PENDING
Unsurprisingly, many people ask a common question during this waiting time: “Can I still try and work while my claim is pending?” Social Security considers whether you can and/or are working while your claim is pending. The first step in any disability claim is determining if the claimant is working. If they are working, finding out the amount of money they are earning and if that amount meets the criteria or goes above Substantial Gainful Activity (SGA). SGA is a monthly monetary amount determined by Social Security, which changes yearly. For 2023, the SGA amount is $1470 per month. Remember that the SGA amount is gross wages you have earned, not what you take home.
Let us review the following situation:
Eli works 20 hours a week and is paid $13 an hour. This totals $1,040 monthly and would not be considered substantial gainful activity. Nathan works 30 hours a week and is paid $13 an hour. His monthly salary is $1,560. The Social Security Administration would consider this substantial gainful activity since Nathan earns more than the SGA.
Being employed while your claim is pending will not automatically end your claim, but your monthly salary will be considered. You also need to consider how being employed, even if earning under substantial gainful activity, looks to and may be viewed by a judge.
FILING FOR SSD: WHERE DO I EVEN BEGIN?
Filing for Social Security Disability can be a confusing, stressful, and lengthy process. It is extremely important, if not paramount that you work with an attorney who is experienced in social security disability law and can guide you through the process. The attorneys at Parmele Law Firm have over 120 years of combined Social Security Disability experience and have helped over 50,000 clients with their claims. As always, the initial case evaluation is free, and we do not get paid unless you win your claim.