Can I work and Still Get SSD?
To be eligible to collect Social Security Disability [“SSD”] benefits, you must be unable to work due to disability for a continuous period of 365 days or more. If you work
(even ONE day) before 365 days or more have passed, your SSD application may be denied even if you are “medically” disabled.
A person is not disabled if they can engage in substantial gainful activity, which means they earn more than a certain monthly amount. To see the yearly substantial gainful activity threshold
amounts, click here.
There are times when a short period of work during the initial 365-day period will NOT disqualify you from receiving SSD benefits. For example, if you try to work within the first 365 days but are physically
unable to continue for more than a short period of time, Social Security can find that you had an “unsuccessful work attempt” [“UWA”]. As a general rule, an UWA will NOT adversely affect your application for
SSD.
Once you have been unable to work due to disability for 365 days or more, the law encourages you to work and gives you a financial incentive to do so. The trial work period [“TWP”] is a period where you may
test your ability to work and still be considered disabled. A TWP can last up to nine months (the months do not have to be consecutive) over a five-year period in which you can earn any amount of income and
still receive your SSD payments. To see the yearly TWP threshold amounts, click here.
The “working while disabled” rules are tricky. Moreover, working can affect your receipt of Long Term Disability and similar benefits.
While we encourage you to work, we urge you to contact us BEFORE you commit to any work activity WHILE YOUR SSD CASE IS PENDING. We want you to understand clearly the risks and
rewards of working based on the status of your SSD case at the time.
If you are already collecting SSD, consider contacting the WIPA Project for FREE help.
Getting Help FREE From the WIPA Project
The Western New York Incentives Planning and Assistance [“WIPA”] Project is funded by the Social Security Administration [“SSA”]. WIPA provides FREE advice to SSD beneficiaries
who are either working or interested in going to work.
WIPA advisors are not employed by SSA. They assist beneficiaries in understanding SSA rules and navigating through the intricate SSA system with respect to working and
collecting SSD.
What Can WIPA Advisors do for you?
- Provide you detailed information and advice about how work affects SSD & Medicare
- Obtain and/or retain Medicaid and Medicare health insurance while working
- Use work incentives, in some cases, to keep SSD as work activity increases
- Obtain funding for items you need to work like tuition, a vehicle, or a computer
- Determine eligibility for other government benefits, such as food stamps
- Avoid overpayment(s) of disability benefits
How to Reach WIPA
Contact Neighborhood Legal Services, Inc., 237 Main Street, Suite 400, Buffalo, NY 14203. Telephone toll free (888) 224-3272 or (716) 847-0650.
