IF YOU APPLY FOR DISABILITY WHILE YOU ARE STILL WORKING....

If you file a claim for Social Security Disability (SSDI) while you are still working, the claim will be automatically denied without any of the medical evidence being considered. This is a technical denial because a person cannot be disabled while they are still working at "substantial gainful activity" or SGA.

Social Security defines disability as the inability to work due to a severe impairment which has lasted or is going to last for 12 straight months or longer--or to end in death.

In effect, if you are still working, you are able to work; therefore, you are not disabled. At least, that's the Social Security logic.

In 2023, an individual is employed at substantial gainful activity if they work and earn at least $1,470 per month, gross. Please note, this is NOT a restriction on wealth or finances, it's a restriction on work.

How Do I Support Myself Until I Get Disability?

This is a question we often hear. If I stop working I will have no income. How can I support myself and my family with no income?

You are allowed to work but it must be below substantial gainful income, meaning below $1,470 per month. So, part-time work may be possible while you try for SSDI benefits.

Other claimants approach this problem by using savings or support from family. There is no rule against how much a spouse or someone else in the household earns.

Not being able to hold a full-time job while seeking disability benefits is frightening because it can take Social Security one year, or two years, or maybe even three years to decide a case. But filing an application while working at the SGA level will result in a automatic technical denial.

If you need to file for SSDI, perhaps a conversation with your attorney/advocate may be useful--to explore what options you may have.