HOW WORKING AFFECTS A SOCIAL SECURITY CLAIM

If you are still working and plan to file a Social Security disability claim, there can be problems.

Generally speaking, it is Social Security's position that if a person is working he cannot be disabled.  Working is proof that you are NOT disabled.

Exception to that Rule:  You are working below substantial gainful activity, i.e., part-time, earning less than $1,130 per month (2016).  You are still eligible to apply for SSDI.

Many individuals call me to say they are still working full-time; however, they believe they are disabled because working causes them severe pain or other problems.  They need to get on disability so they can stop working.

That's really putting the cart before the horse and Social Security doesn't allow it.  The individual either has to cut back to working at below substantial gainful activity ($1,130 per month, gross) or stop working altogether before filing a disability claim with Social Security.  Otherwise, it will be a Step 1 denial.  Step 1 denies a claim at the very beginning, without any consideration of the medical condition, because the claimant is still working.

Let me also say that any amount of work can hurt a Social Security disability claim.  Let's say an individual cuts back to earning $1,000 per month, which is well below the 2016 definition of substantial gainful activity.  The decision maker is likely to assume if the individual can earn $1,000 a month, he could probably earn $1,130 or more without too much difficulty, especially if he is working a substantial number of hours each week.

Even voluntary work for which a person is not paid can hurt a disability claim.  Decision makers may assume that if you can perform voluntary work for a substantial number of hours each week, then you would be able to perform that same work for pay.  This is where the human element comes into play because different decision makers will view this differently.

In short, any work can hurt the claimant's credibility when he tells the decision maker that he is unable to work. There is the technical side of it found in the regulations, then there is the practical side of it, found in the decision maker's head. Any work the claimant has performed after the alleged onset date will need to be explained.

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