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Can I Work After My ALJ Hearing But Before A Decision is Issued?

An attorney named John wrote me with the following question.  The email address he used was not valid so I decided to answer his question on my blog.  The question:

I have a client who would like to know if he can work while waiting for his SSDI benefits to be approved?

Here is my response:  John, I think that any work would be evaluated under the 9 month trial work period rules (see https://ssdanswers.com/how-much-can-i-earn-and-still-collect-ssdi/ ).   However, I think that working carries some risk.  The Judge can look at a current earnings record and if he/she sees work activity that could result in a second hearing or, even worse, lead a judge to deny.

SSA sees things in black and white.  I am therefore not a fan of work prior to the issuance of a decision.  I have  a case right now in which I won but the SSA investigation office found evidence of work and the decision has been reversed and the case remanded for another hearing.  I think that I will have an uphill battle in that case.

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