I WENT BACK TO WORK: WILL IT AFFECT MY SOCIAL SECURITY DISABIITY CLAIM?

Going back to work will most likely have a negative impact on your pending Social Security disability claim.  If you work very much, it may kill your Social Security claim entirely.

The first thing Social Security must determine before deciding your SSDI claim is:  IS THE CLAIMANT NOW WORKING AT SUBSTANTIAL GAINFUL ACTIVITY?  If the answer is yes, the claim must be denied.  This is a Step 1 question (out of a total of 5 steps in the process).  See the definition of "substantial gainful activity" below.

Many claimants object.  "I had no choice.  I had no income and had to go back to work.  But I am still disabled."

But it doesn't matter why you are working.  The law does not permit a claimant to work at substantial gainful activity and get a Social Security check at the same time, regardless of why he or she is working. 

Social Security provides a disability benefit only for persons who are totally disabled, who cannot work a full-time job.  There is no such thing as a partial disability with Social Security.  So, if you go back to work after filing a disability claim, it very well may cause you to lose your Social Security benefits.

I have used the term substantial gainful activity (SGA for short) several times.  What is it?  It is the amount of work which disqualifies a person for Social Security disability benefits.  In 2018, the amount is defined as earning at least $1,180 per month.  The law makes it impossible to qualify for a Social Security disability benefit if a person is working and earning before-tax wages of at least $1,180 per month. In 2019, you will be engaged in substantial gainful activity if you earn at least $1,220 per month before tax. (There are different rules for individuals who are legally blind).

If you have a Social Security disability claim pending, you should consult with your attorney or representative before going back to work, even on a temporary basis.  The general rule of thumb that Social Security will use is this:

If you are able to work, you do not qualify for Social Security disability.  Period.  Being disabled, under SSA rules, assumes the inability to work at the SGA level.  Being able to work and earn income at the SGA level assumes that you are not disabled under agency rules.
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