SSD Myth Busters Ep. 11 [Myth: "You Can Work and Still Be Approved and Get Disability Benefits"]

SSD Myth Busters Episode 11

Myth: You Can Work and Still Be Approved and Get Disability Benefits

In this episode, Josh and Jeremy Worley tackle a common and crucial question for many applicants: "Can I work and still be approved for disability?" Josh confirms that the answer is "yes," but with a very important caveat. The Social Security Administration (SSA) uses a specific monthly income threshold, known as Substantial Gainful Activity (SGA), to distinguish between part-time and full-time work. For 2024, the SGA level is $1,620 per month for non-blind individuals. If you earn less than this amount, your work is generally considered part-time and will not automatically disqualify you.

However, Josh emphasizes key strategic and ethical considerations. While working under the SGA level is permitted, it is often not preferred from a legal standpoint, as a decision-maker might question your ability to work more hours. He also strongly advises against working "under the table" for cash to stay below the threshold, as this dishonesty can jeopardize your entire claim. The ideal scenario is to not work at all during the application process, but if you must, stay well under the limit and always report your earnings truthfully.

Myth Verdict

True, with a major caveat. You can work and be approved for disability, but only if your monthly earnings remain below the Substantial Gainful Activity (SGA) threshold of $1,620. However, working at all can sometimes weaken your case, and all work must be reported truthfully.

Key Insights

The SGA threshold is key: Earning under $1,620 per month is considered part-time work by the SSA and is allowed.
Strategy matters: While permitted, not working at all often creates a stronger disability claim.
Be practical and honest: You must meet your financial needs, but all work must be "on the books." Never hide income.
Post-approval work is possible: Once you are approved for benefits, you can seek part-time work that fits within the SGA limits and your health constraints.
Credibility is everything: Being truthful about all your work activity is non-negotiable for a successful claim.

Transcript

🎧 SSD Myth Busters: "Myth: I Can Work and Still Be Approved for Disability"

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Jeremy: Welcome back to SSD Myth Busters, where we tackle myths in Social Security Disability law and find out whether they’re true or busted. I’m Jeremy Worley, here with disability attorney Josh Worley.

Today’s myth: I can work and still be approved for disability.

Josh: This one is actually true, but it requires some important explanation. When you file for disability, you're claiming you can't do any full-time job. The SSA distinguishes full-time from part-time work based on your monthly income, a level they call Substantial Gainful Activity, or SGA. For 2024, if you earn more than $1,620 a month, that's considered full-time work and would prevent approval. If you earn less than that, you can still work and be approved.

Jeremy: So the hard line is that $1,620 amount?

Josh: Exactly. But here's the strategic part: I always tell my clients that while it's allowed to work under that amount, I'd prefer they weren't working at all while we're trying to get them approved. I feel we have a better shot. That said, I understand people have to put food on the table and a roof over their heads. If you must work, stay well under that threshold.

Jeremy: Is there a timing issue? Like if someone stops working right before they apply?

Josh: Not really. It's common for someone's hours to get cut back due to their health, and then they file. That's not a dishonest thing to do. The main concern is that if a judge sees you are working, even part-time, they might wonder if you could handle a little more and reach that full-time level.

Jeremy: Let's address another angle. What about someone who tries to stay under this limit by working for cash "under the table"?

Josh: I would strongly advise against that. While Social Security wouldn't see those earnings, it's been my experience that these things often come out. It's not advisable. It's always better to be on the books and straightforward—you don't want to have anything to hide that could later sink an otherwise valid claim.

Jeremy: So, to summarize: You can work and be approved, as long as you're under the $1,620 limit, but it's best to be honest and strategic.

Josh: That's right. Be truthful in your claim. Once you're approved, you can then find a part-time job you can handle within your limitations.

Jeremy: Great insight. So this myth is officially true. You can work and get disability, but you must follow the rules and be mindful of how it could affect your case.

Thanks for joining us for another SSD Myth Busters episode. For more information or help with your disability claim, visit us at idlawcenter.com.

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SSD Myth Busters Ep. 11Myth: You Can Work and Still Be Approved and Get Disability Benefits

Myth Verdict

Key Insights

Transcript

🎧 SSD Myth Busters: "Myth: I Can Work and Still Be Approved for Disability"

[Music]

SSD Myth Busters Ep. 11
Myth: You Can Work and Still Be Approved and Get Disability Benefits