It is not easy to apply for Social Security Disability Benefits. Many people in Orlando are forced to quit their jobs due to a sudden accident, illness, or chronic condition. While waiting for a disability determination, bills, rent, and other basic expenses continue. This brings us to the question that applicants ask most often: “Can a person work and apply for Social Security Disability benefits?”
The honest answer is Yes, but only in very specific circumstances. While the Social Security Administration (SSA) allows disabled applicants to engage in limited work, there are rules and earnings thresholds that must be met. The rules are complex, and if they’re not understood, it can lead to claim denials, overpayments, or long appeals.
It is important to consult with an experienced social security disability attorney in Orlando when employment and disability overlap. The attorneys of Jiles & Fugate Law Group have explained below how working could affect your claim. We have also explained what you should know before they attempt to earn an income. Feel free to call Jiles & Fugate Law at 407-539-0123 Group for a free consultation on disability claims.
When Does the SSA Consider Work?
It is important to know how the SSA defines work before you can understand what is allowed. For disability purposes, they do not only look at whether a person works, but also whether their job activity shows that they are able to perform Substantial Earning Activity (SGA), which is the basis for disability eligibility.
SGA is the legal standard used to determine if an individual can perform competitive employment within the national economy. A work above the SGA level will usually result in automatic rejection.
A qualified social security disability attorney in Orlando will review your employment to determine if you meet or exceed the SSA thresholds.
What is Substantial Gainful Activity (SGA)?
The SGA is a limit on monthly earnings set by the SSA. The SSA presumes that if a person earns more than SGA, they can work and are not disabled.
The SGA threshold is updated annually. Blind individuals have a higher SGA threshold. If you exceed the SGA limit during the application process, your application will be denied. To avoid jeopardizing your case, you should consult a Social Security disability attorney in Orlando.
Can you work below the SGA limit and still qualify for disability benefits?
Yes. This is sometimes referred to as “marginal earning.” However, even very low earnings may complicate a claim if the SSA thinks the applicant is in a position that demonstrates their work ability.
The SSA assesses:
- How many hours do you work?
- The duties you perform
- The level of supervision needed
- You can produce competitive output
- Accommodations are available
Working a few hours a week in a sheltered environment may be treated differently from working part-time in a competitive environment.
A social security disability attorney in Orlando can ensure that earnings don’t exceed thresholds that can raise red flags during adjudication.
Can you work part-time while applying for SSD benefits?
Some applicants believe that part-time employment automatically disqualifies them. Part-time employment can be used to prove that a person is capable of working full-time, as required by the SSA.
The SSA is clear: You are not disabled if you can work at least part-time. Before applying, it is highly recommended that you discuss part-time employment with a Social Security disability attorney in Orlando.
What about self-employment or gig work?
Self-employment creates unique challenges. Self-employment is not only measured by income.
The SSA can deny disability even if a business makes very little money. This is because the applicant may perform substantial tasks. This includes:
- Managing operations
- Marketing or sales tasks
- Scheduling or administrative work
- Client communications
SSA also evaluates the hours and functional requirements of gig work, such as rideshare, delivery driving, task apps, or freelance work. An experienced Social Security disability attorney in Orlando can determine whether gig or freelance work may affect eligibility.
Does Volunteer Work Affect a Disability Applicant?
Surprisingly, yes. Although volunteer work is not paid, the SSA might view it as a sign of work ability. Volunteering at an organization with physical labor, cognitive organization, or public interaction, for example, can demonstrate your ability to compete in the workplace.
Volunteer work with minimal duties, high accommodations, or limited hours, however, may not be seen negatively. It is often the nature of the activity that makes the difference, not the amount paid. It is important to consult a social security disability attorney in Orlando before engaging in volunteer work when applying.
Why does the SSA focus on full-time employment?
In order to qualify for benefits, a claimant must demonstrate that they are unable to engage in competitive full-time employment consistently. This standard applies whether the applicant worked part-time or full-time.
The SSA assesses:
- Physical stamina
- Cognitive function
- Pace
- Persistence.
- Productivity
- Stress tolerance
- social functioning
The SSA will deny a claim if part-time employment appears to demonstrate sustained abilities that could be translated into full-time capacities unless a social security disability attorney in Orlando can counter these assumptions with medical or vocational evidence.
Does working slow down or delay the application process?
Yes. Additional SSA requests for documentation and inquiries are often triggered by work activity. Disability examiners can:
- Contact the Employer
- Verify Earnings
- Interview supervisors
- Request medical updates
- Schedule additional consultative exams
This can cause delays of several months. By communicating with SSA, a social security disability attorney in Orlando may be able to reduce the delays.
Can Working Help Your Disability Case?
In rare cases, limited work may actually be used to demonstrate disability and not contradict it. When applicants repeatedly fail to work due to medical limitations, they may be used to prove disability.
These are Unsuccessful Works Attempts. To qualify as a UWA:
- The work must not last more than six months.
- End due to worsening disability or loss of accommodation
A skilled Social Security disability attorney in Orlando can determine whether a UWA actually strengthens or undermines the claim.
What If You Have to Work While Waiting Because of Financial Stress?
The SSA understands that many applicants for disability benefits face financial difficulties. Working above SGA is strictly prohibited. A legal strategy is essential if applicants are forced to work to survive.
You can choose from:
- Part-time Work Below SGA
- supported employment
- Sheltered workshops
- subsidized employment arrangements
The wrong decision without legal advice can lead to denials and years of appeals. A skilled Social Security disability attorney in Orlando will help you structure your work activities safely.
FAQs about Working while applying for SSD Benefits
Q: Is it possible to get SSD benefits quicker if I do not work?
Ans: Yes, in many cases. The SSA focuses on work activity, and adjudication is simplified when there is no work.
Q: Can my employer help my case?
Ans: Potentially. Disability can be supported by documentation about reduced productivity and accommodations.
Q: Do I need to tell the SSA if and when I begin working?
Ans: Yes. If you fail to report your work activity, it could lead to an overpayment or allegations of fraud.
Q: Can you apply for SSD if you are unemployed?
Ans: It is complicated because unemployment benefits certify your ability to work, while SSD benefits certify your inability to work. It is highly recommended that you seek legal advice.
Conclusion
Legally, work activity is not permitted during a disability claim. SSA rules are not well understood by many applicants, and they unintentionally sabotage cases.
You should seek the advice of a Social Security disability attorney in Orlando from Jiles & Fugate Law Group before applying for SSD benefits or working during this process to avoid denials and appeals that could be avoided, as well as overpayments.
Call Jiles & Fugate Law at 407-539-0123 Group for a free consultation on disability claims. You can also fill out this form and we will be in touch with you asap.
