How Working Affects Your Social Security/SSI Disability Case

Two Types Of Working

On this page, we review 1) whether you can work while your Social Security disability and SSI case is pending, and 2) whether you can work while you are getting disability benefits.

Can I Work While My Social Security Disability Case Is Pending?

Overview

If your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability case is pending, and you return to work, Social Security will classify your return to work as either 1) unsuccessful or 2) successful. Social Security refers to unsuccessful return to work as an unsuccessful work attempt (UWA). An UWA and a successful return to work each affect your disability case differently.

Unsuccessful Work Attempt

Two Types Of UWAs. Social Security will rule your work attempt as an UWA in one of two circumstances. First, you 1) returned to work, and 2) you did not make substantial gainful activity (SGA) which is $1,260 per month in 2020 for non-blind individuals - SGA Amounts. Second, you 1) you returned to work, 2) you make SGA or more, 3) you worked six consecutive months or less, and 4) you stopped work because of your medical condition or because special conditions were removed that took into account your medical condition and the removal of those special conditions either forced you to stop working or to reduced your amount of work so that your earnings fell below SGA.

Social Security's Response To An UWA. Social Security will treat an UWA in one of two ways. First, most commonly, Social Security will ignore an UWA, and it will not count an UWA against you. Hence, you can still be found disabled even with an UWA. If you win your case, Social Security will not offset your disability benefits with the earnings from the work you did. Second, occasionally, Social Security will count the UWA against you because your physical and mental functioning during your UWA may be so significant that the UWA may actually prove you are not disabled. For example, 1) you are 40, 2) because of your age you face an any-job disability standard (if you can do any job, you are not disabled), 3) your UWA was as a construction worker which ended after five months because you could not be on your feet all day, and you could no lift over 40 pounds (requirements of the job). In this example, because you are under age 50, you must prove you cannot perform any job to be found disabled. The easiest jobs around are sedentary jobs (sitting all day lifting no more than 10 pounds), and your UWA does not prove you cannot do sedentary work. The UWA only shows you cannot do hard manual labor. To some Social Security adjudicators and administrative law judges, the UWA may prove you can perform sedentary work, and that you are therefore not disabled.

Successful Work Effort

If you return to work making SGA for more than six months, Social Security will determine your return to work to be successful. A successful work effort creates four issues. First, for the months you engaged in your successful work effort, you will not be found disabled and you cannot get disability benefits.

Second, your successful work effort may cause you to not satisfy the durational requirement which is Step 2 of the disability criteria for both adults and children. You must satisfy the durational requirement in one of three ways to be found disabled:

1. Your medical condition is expected to result in death,
2. Your medical condition has lasted 12 months or more and kept you from engaging in SGA, or
3. Your medical condition is expected to last and keep you from engaging in SGA for 12 months or more from the date you last worked.

The two most common ways you can satisfy the durational requirement are points #2 and #3 above. If you have successfully returned to work, you may not have been out of work for a 12-month period or be expected to be out of work for a 12-month period. Therefore, even though you are disabled now, and you were disabled before you successfully returned to work for a period of more than six months, you may not now be eligible for disability benefits because you cannot satisfy the durational requirement - Durational Requirement. For example, you become disabled and stop work January 1, 2018. Your medical condition improved, and you successfully return to work October 1, 2018. Your medical condition worsened, you became disabled again, and you stopped work July 1, 2019. You did not return to work after that date, and your Social Security disability hearing is scheduled March 1, 2020. In this example, you were off work from January 1, 2018 to October 1, 2018; this is not a 12 month period. You were also off work from July 1, 2019 to March 1, 2020 (hearing date); this is not a 12 month period either. Hence, you do not meet the durational requirement, and you cannot be found disabled until you do.

Third, your successful work attempt may establish that you are not now nor were you ever disabled. For example, you were out of work for months one through 15; you met the durational requirement. Then you successfully returned to work month 16, and you are now currently working. You are seeking a closed period of disability benefits from month one through 15 (this period "closes" because you returned to work). You would need to prove to Social Security how your medical condition improved around month 16 so that you could return to work. If your medical condition did not improve around month 16 (due to a surgery, new treatment, new medications, etc.), how were you able to return to work? Well, Social Security may conclude it was due to other reasons than your medical condition and disability, and it may conclude your medical condition was not the reason you weren't working in the first place. In other words, without medical improvement around month 16, Social Security may conclude you may have never been disabled in months 1 through 15.

Fourth, with a successful return to work, you may be entitled to a closed period. We touched on this in our previous example. Let's add to that example. You were out of work due to your medical condition from months one through 15. You applied for benefits at month three. You underwent a surgery that improved your medical condition, so that you successfully returned to work on month 16. You are now currently working and not disabled. You can receive a closed period of disability for months one through 15. However, starting month 16 you cannot receive disability benefits because you medically improved and successfully returned to work.

Three Records To Get

With an UWA, you will need to obtain and submit three kinds of records to Social Security.

Pay Stubs. First, you need to get and submit to Social Security your pay stubs. Remember, you have to have worked less than six months at SGA, or any number of months under SGA. Pay stubs will show when you worked, how long you worked, and how much you were paid.

Supervisor/Co-Worker Statement. Second, if your attendance or work performance were poor - you arrived late, left early, took excessive breaks, or missed days, you need to get a written statement from your supervisor or co-worker describing your attendance and any problems you had on the job - Family/Friend/Employer/Teacher Statements.

Friend/Family Statement. Third, if a friend or family member witnessed that you had difficulty in your home life while working, you need to get and submit a friend or family member written statement about those difficulties - Family/Friend/Employer/Teacher Statements.

Can I Work While I Am Getting Social Security Benefits?

Overview

Social Security wants you to return to work if you are able. Social Security will allow you to test your ability to return to work by utilizing its trial work period and the reentitlement period rules.

Trial Work Period

The trial work period is non-consecutive nine month period of time where you test your ability to return to work. If you return to work, and you earn less than the "trial work period substantial gainful activity amount" which is $910 in 2021 and increases periodically, Social Security does not count these months as trial work period months. In these months, you are able to work earning your income (less than $910 per month) and also receive your Social Security disability benefits.

If you return to work, and you earn more than $910 per month, you will have engaged in a trial work period month. You get nine of these in a five-year period. In these nine trial work period months, you are able to work earning your income (over $910 per month) and also receive your Social Security disability benefits. However, once you have engaged in nine trial work period months, the trial work period is over, and you begin the reentitlement period.

Reentitlement Period

The reentitlement period starts the month after you used your last trial work period month. The reentitlement period lasts three years. In the reentitlement period, if you work and earn over $910 per month, you will keep your earnings, and you will not receive Social Security disability benefits for that month. If you work and earn under $910 per month, you will keep your earnings, and you will also receive your Social Security disability benefits. When the 36-month reentitlement period is complete, if you are able to return to full-time work, you will no longer receive Social Security disability benefits. If you are not able to return to full-time work when the 36-month reentitlement period is complete, you will continue to receive Social Security disability benefits.

Related Pages

Social Security will have some of your employment records. You may need to supply some yourself. Employment Records In Your Social Security Disability Case.