The reality for many individuals with severe disabilities is that they cannot afford to stop working altogether while waiting for their Social Security Disability Insurance (“SSDI”) application to be processed. The SSDI process can be lengthy and, if a claim is denied at both the initial and reconsiderations stages, it may take years to reach the hearing stage. For some claimants, more than two years can go by before a final decision is made which can be unreasonably long time to go without income.
Even for claimants that are already receiving benefits, there may be a desire to return to work without jeopardizing their eligibility if the attempt is unsuccessful.
Whether it is for housing, food, or healthcare, many claimants need some form of income to pay for their everyday expenses.
Eligibility for SSDI
In addition to the required work credits, you need to have a severe disability that has lasted or is expected to last a year or longer or result in death. Because of that disability, you must be unable to return to your past relevant work (typically work performed in the last 5 years) and there must be no other jobs available in the national economy that you are able to perform at the substantial gainful level. Substantial Gainful Activity (“SGA”) refers to a certain amount of monthly earnings. If your paycheck is above this amount, then Social Security will generally consider you capable of working and therefore not disabled under its rules.
Can you still work?
Yes, but if you are applying for or your claim is pending for SSDI, you cannot be engaged in SGA. SGA changes from year to year, but current SGA amounts stand at $1,620 for non-blind individuals and $2,700 for blind individuals. These amounts are set to increase to $1,690 and $2,830 in 2026, respectively.
If you are working and your earnings are over SGA, you may be disqualified from receiving SSDI benefits. If your earnings are below the SGA threshold, you should be prepared to explain why you are unable to work at higher levels. Many claimants may have reduced hours or special accommodations due to their medical conditions which allow them to work only on a limited basis.
Unsuccessful Work Attempt
If you return to work but later have to stop entirely or reduce your hours below SGA level due to your disability, then your work may qualify as an Unsuccessful Work Attempt. Generally, if your return to work lasts six months or less and ends due to your disability, any earnings above SGA during that period will not be used to show that you are capable of working at the substantial gainful level.
Trial Work Period
If you are already receiving disability benefits and would like to return to work, SSA allows you up to nine months where you earn over $1,160 before taxes without it affecting your monthly benefits. This is called a Trial Work Period and there are no limits to how much you can earn in these months. Meaning, you can potentially earn over SGA and it will not affect your monthly benefit. These nine months do not have to occur consecutively but must happen within a five-year period.
After the Trial Work Period ends, you may be able to continue working but if you earn above SGA, your benefits may be reduced. This is called the Extended Period of Eligibility and it lasts for 36 consecutive months. During this time, the earnings limit decreases to $1,620, or SGA level. As a result, you will not be eligible for a monthly benefit in months where you earned above SGA during this time. If you continuously earn above SGA, Social Security may determine that you are no longer eligible for disability.
The Bottom Line
You may be able to work while pursuing or receiving SSDI benefits but working can have serious implications for your eligibility. As a result, you should contact a Social Security attorney before making any decision which could impact your benefits. Please contact us if you’d like to speak to a Social Security attorney about your potential claim.