With disability claims taking 2 to 3 years to wind through the disability adjudication system, I often get the question from my clients “is it okay if I try to work” or “is it okay if I work part time?”   Generally my answer to this question involves an explanation that in my view, Social Security decision maker (judges and adjudicators) tend to see work in black and white terms.  If you try to work and fail within about 3 months (this is called an “unsuccessful work attempt”), your effort can be helpful evidence to show that you are motivated but unable to perform.   If your attempt lasts longer than 3 months or if you work a part time job ongoing, then your work efforts will generally hurt your disability claim.

What about work efforts after winning your disability case?  Generally you will earn more money and be more fulfilled as a person if you can work, as opposed to sitting at home collecting disability benefits.  Obviously, Social Security would prefer that you leave the rolls of disability claimants, and statistically, 90% of disability recipients would like to go back to work (although less than 1% actually do, perhaps because they do not know how).  So what are the rules?

I have set out the specifics about returning to work after being approved for disability on a special topic page on this site.  Click on the link to learn more about this.

You may not be aware, however, that Social Security has several programs available to you that help you try to return to work without penalizing you for trying.  Perhaps the most developed program in this regard is called the “Ticket to Work.”

My colleague, Chicago Social Security disability attorney Aaron Rifkind, has written a clear and informative article about the Ticket to Work program.  Aaron also publishes an excellent Social Security disability blog, which I read regularly.  As Aaron notes, the Ticket to Work program is: Continue reading →