With delays in the hearing process reaching 2 years, I frequently get questions from potential clients about the implications of returning to work. Here is a typical question:
i'm 57 yrs old & have filed for ssd due to herniated discs & arthritis of the knee. what happens to my case if i return to work before i get a hearing? i don't know how long i'll be able to work , but i got to try.
Jonathan Ginsberg's response: If you have read this blog and educated yourself about Social Security, you know that the main issue in any Social Security case turns on whether you can perform some type of work reliably 8 hours a day, 5 days a week with normal breaks. If you are working, by definition, you are not disabled.
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My April 26, 2008 post about attending college and applying for Social Security disability generated a large number of emails and questions. A reader sent me this question which is about the impact of a stipend and part time job on an SSDI recipient who has already been deemed disabled.
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I just got a fully favorable ruling from an ALJ, but the onset date has been amended. Without going into a huge amount of confusing detail, I was supposed to get a partially favorable for a closed period, instead I now have a fully favorable with onset date starting Nov. 15, 2007. To prevent losing my house, I had to start working some. I am wondering if my trial period starts aftr the 5 month waiting period which would begin in April, or would the trial working period begin with the onset date?
–Jim
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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?
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Should you accept unemployment benefits while your SSDI case is pending? My experience has been that Social Security judges will have concerns if you accept unemployment compensation during your wait for your Social Security hearing.
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A gentleman named Ken asks the following question about trial work for disability claimant:
I am a self taught guitar player, not professional by any means, I could not do this for a living. But I do get paid periodically to play with a partner at bars and restaurants and such. This is fleeting at best, and most of the time there is nothing going on. Right now I'm making around $500 to $600 a month, but next month I could be making
nothing, and that usually will last for months.What is my situation with ssd (I am collecting ssd for stomach ailments and nerve problems) Do they average out what you might make in just 6 months, over the course of a full year?
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Dear Jonathan, I had a question posted several months ago concerning working full-time after being granted SSDI, and I had another related question. I'm currently working full-time as a computer programmer, which is the type of job I had previously. If I were to stop working again because of health reasons, and return to SSDI, would the social security taxes I've paid in the past year result in an increase to my SSDI benefits, or would the amount remain the same? Thank you.
–Morris
Jonathan Ginsberg responds: Morris, good to hear from your again, and thanks for the question. Here are my thoughts:
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Hi, I have been disabled for a few years now and am thinking about returning to work, I would like to stay under the amount necessary to continue my ssd ? How do I do that? and do I report the income to someone at ss?AND what if I want to TRY returning to work full time? –Valerie
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