APPLYING FOR SSDI BENEFITS WHILE YOU ARE STILL WORKING

If you are still working at 'substantial gainful activity' you cannot apply for Social Security disability.

It doesn't matter how sick you are or how unable to work you may be -- working a full-time job disqualifies you for SSDI benefits.  Generally, you have to quit work first then apply for Social Security disability.  

This puts many people in a bad financial position, especially since it may take months or years to get approved for Social Security.

Here is the specific rule about working:

In 2018, you are considered to working at 'substantial gainful activity' if you are earning wages, salary or commissions of at least $1,180 per month before tax. This also applies to self-employment income.  It does NOT apply to non-earned income (money you receive without working for it (alimony, child support, investment income, rent, disability or pension payments, etc.).

If you work part-time and earn less than $1,180 per month, you may still be able to apply for SSDI benefits.

QUESTION:  "I still work full-time and earn over $1,180 per month.  However, I work in tremendous pain and my doctor says I should quit work.  Can I apply for SSDI benefits?"

ANSWER:  No.  As long as you continue to work and earn the Substantial Gainful Activity (SGA) amount, you cannot apply for SSDI or SSI benefits.

QUESTION:  "If I can't keep working until my Social Security disability is approved, how am I to survive financially during the long SSDI application process?"

ANSWER:  There is no good answer.  But you cannot work and apply for SSDI at the same time.  If your employer offers a disability insurance program through your job, check to see if you could qualify for those benefits if you have to stop working.  Also, consider whether you can work part-time and earn less than the SGA limit ($1,180 per month).  That may allow you to apply for SSDI while working part time.

QUESTION:  "So, how long is it realistically going to take to get Social Security Disability benefits started?"

ANSWER:  The time will vary for each individual.  3 to 4 months to get the initial decision is average.  If an appeal (hearing) is required, it can take 2 more years due to the national backlog of appeals.  There are a few rare exceptions for dire need where hearings can be arranged sooner, such as in the case of terminal illness, homelessness and a few other exceptions.

My office will be glad to provide you with a free, no obligation consultation.  Perhaps we can give you more direction on your claim and some advice on how to proceed.  We never charge a fee unless (a) you appoint us to represent you, (b) you eventually win your claim, and (c) you are able to get past due benefits from Social Security.
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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike NW - Suite 108
Bridge Street Area
PH (256) 799-0297

SOCIAL SECURITY JUSTICE: WEBSITE