WHY WORKING PREVENTS YOU FROM GETTING SSDI BENEFITS

Social Security disability (SSDI) benefits are intended for persons who are no longer able to work. In fact, Social Security's definition of "disability" is being unable to perform 'substantial gainful activity' or SGA. SGA is defined as earning at least $1,350 per month from work or self employment activity. If a person can work at that level, he or she is not disabled according to administration regulations.

So, the ability to work proves that you are not disabled. If a person is now working and earning wages of at least $1,350 per month, he/she is not eligible to receive a Social Security disability benefit. Note: It is the WORK that denies the benefit, not the MONEY. There is no "needs test" or "means test" for SSDI. A person doesn't need limited income or finances to qualify. But he must not be working at SGA level.

Social Security's rules are different based on the claimant's age.

A claimant under 50 must be unable to perform any past relevant work and any other work which exists in significant numbers in the United States' economy.

A claimant age 50 to 54 may be disabled if unable to perform past work if other factors are favorable--such as education, skills, past employment and remaining capacity to function.

A claimant age 55 or over is usually found disabled if he/she cannot perform any past relevant work.

Example: An individual age 35 with a high school education has past relevant work as an over-the-road trucker. Because of arthritis in his knees he can no longer drive a truck for long distances. Is he disabled? Probably not. Social Security is likely to find that he cannot drive a truck but he can perform some easier work, such as parts inspector, ticket taker, telemarketer or office assistant, etc.

Example: A 57 year-old claimant has worked for 10 years as a warehouse worker where she stood all day and lifted up to 20 pounds frequently and 50 pounds occasionally. A shoulder injury now prevents her ability to perform the warehouse work because she cannot do the required lifting. However, she has past relevant work as a tax preparer for 5 years. Will she be found disabled? Probably not because she will be found able to perform the past work as a tax preparer--which is sedentary work requiring lifting no more than 10 pounds occasionally.

Example: A 55 year-old claimant worked many years ago as an office manager, which was sedentary (sit-down) work. However, for the past 17 years he has worked as a plumber-- which requires standing or walking 8 hours a day and lifting up to 50 pounds. He has two herniated discs in his back and needs total knee replacements. He cannot possibly continue to work as a plumber. Will he be disabled even though he has sedentary work in the past? Yes, probably, because the sedentary work is more than 15 years ago and will not count as "Past Relevant Work." Since the claimant cannot do the work he has done during the past 15 years, he is probably disabled.

Incidentally, what is "Past Relevant Work" or PRW? It is work that was

• performed within the past 15 years

• performed at what was then "Substantial Gainful activity" (full-time work), an

• was performed long enough to learn to be proficient in the work

Work that fails to meet these 3 tests will not be considered "past relevant work."