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Frequently Asked Question: "Can I Work While my SSA Disability Claim Is Pending?"

Jan. 3, 2024

A question that I receive on a regular basis is "if I go back to work can I still receive SSDI or SSI benefits?" The answer is a little more complicated than a simple "yes" or "no" due to the sequential analysis that every claim for disability benefits from the Social Security Administration is evaluated. Since the SSA Disability Benefit Programs are essentially meant for Disabled Individuals that are unable to work due to their medical conditions, a return to work can impact a claim in many ways.

A part of the sequential analysis requires that a severe medical impairment has either lasted or is expected to last 12 months or more. Therefore, if the Disabled Individual returns to work before the 12 months period, then the benefits may be denied simply because the severe medical condition did not last long enough. Another part of the analysis is to determine how long the return to work lasted, and if the Disabled Individual had to stop working again due to the severe medical impairments. This analysis would determine whether or not there was an unsuccessful work attempt, and if there was a return to work that would be considered a trial work period. Finally, another key component to the return-to-work analysis is regarding the number of hours worked throughout the week, and the amount compensation based on at least minimum wage or more.

Hiring an experience attorney can advise how the return to work could impact the ability to receive an approval for Social Security Disability Benefits.