WHY CAN'T I GET DISABILITY BENEFITS WHILE I'M STILL WORKING?
Why can't you apply for Social Security disability benefits while you're still working?
The logical thinking goes like this: I am really not able to work but I'm forcing myself to work because it's the only way to feed my family. I should be able to keep working while Social Security decides whether I meet their rules for a disability benefit. Once I am approved, I will stop working.
Why does Social Security shoot down that argument?
Because of federal law.
The very first determination that Social Security must make when they examine your claim is, "Is this claimant now working at substantial gainful activity?" If the answer is yes, the claim is denied at Step 1, regardless of how old or how sick the claimant may be. Simply put, the law does not permit a person to apply for SSDI benefits while they are engaged in substantial work activity.
DEFINITION OF "SUBSTANTIAL GAINFUL ACTIVITY (SGA)": Work is substantial and gainful in 2018 if you earn at least $1,180 per month by working. This number usually changes (upward) a little every year.
This puts potential claimants in a bad position. Do you quit working and wait 6 months or longer for Social Security to decide if you can get disability? Do you take the chance on being denied (a likely event) and have to go without a paycheck for up to two years while you appeal the denied claim? Remember, there is no guarantee that you will ever be approved. (Important Fact: Social Security's Title 2 benefit has a 5-month waiting period; they simply do not provide any benefit for the first 5 months of a disability).
The simple truth is this: Social Security wants to make sure that no one applies for disability benefits unless they absolutely cannot continue working. So, they require you to stop working (or cut back on work) before applying for SSDI or SSI benefits.
Thus, if you are still working, the decision to apply for SSDI benefits is a tough decision. The factors that must be assessed include: (1) Can I realistically expect to keep working with my condition(s)? (2) Can I afford to stop working and potentially wait months or years on a Social Security decision, known to take much longer than it should?
My office will be glad to review your situation and your case and try to give you some guidance. However, there are factors in a disability case which simply make it impossible to predict with any certainty what the outcome will be. By the way, anything we do for you will be without cost unless we represent you and win money for you. So, don't hesitate to call us with questions.
_________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
The logical thinking goes like this: I am really not able to work but I'm forcing myself to work because it's the only way to feed my family. I should be able to keep working while Social Security decides whether I meet their rules for a disability benefit. Once I am approved, I will stop working.
Why does Social Security shoot down that argument?
Because of federal law.
The very first determination that Social Security must make when they examine your claim is, "Is this claimant now working at substantial gainful activity?" If the answer is yes, the claim is denied at Step 1, regardless of how old or how sick the claimant may be. Simply put, the law does not permit a person to apply for SSDI benefits while they are engaged in substantial work activity.
DEFINITION OF "SUBSTANTIAL GAINFUL ACTIVITY (SGA)": Work is substantial and gainful in 2018 if you earn at least $1,180 per month by working. This number usually changes (upward) a little every year.
This puts potential claimants in a bad position. Do you quit working and wait 6 months or longer for Social Security to decide if you can get disability? Do you take the chance on being denied (a likely event) and have to go without a paycheck for up to two years while you appeal the denied claim? Remember, there is no guarantee that you will ever be approved. (Important Fact: Social Security's Title 2 benefit has a 5-month waiting period; they simply do not provide any benefit for the first 5 months of a disability).
The simple truth is this: Social Security wants to make sure that no one applies for disability benefits unless they absolutely cannot continue working. So, they require you to stop working (or cut back on work) before applying for SSDI or SSI benefits.
Thus, if you are still working, the decision to apply for SSDI benefits is a tough decision. The factors that must be assessed include: (1) Can I realistically expect to keep working with my condition(s)? (2) Can I afford to stop working and potentially wait months or years on a Social Security decision, known to take much longer than it should?
My office will be glad to review your situation and your case and try to give you some guidance. However, there are factors in a disability case which simply make it impossible to predict with any certainty what the outcome will be. By the way, anything we do for you will be without cost unless we represent you and win money for you. So, don't hesitate to call us with questions.
_________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
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