IMPORTANT SOCIAL SECURITY DISABILITY INFORMATION
Can I Apply for Social Security Disability If I Am Working?
Social Security Disability is based on the principle that individuals should receive some financial assistance if they:
- have an injury or illness that is expected to last at least 12 months or result in death, and
- are unable to perform their prior work or adapt to other work.
If you are working and earning income while applying for Social Security Disability, then the Social Security Administration will consider whether you are capable of “substantial gainful activity” or SGA. Under current (May 2014) Social Security law, you are presumed capable of SGA if you are able to work and earn at least $1,070 per month (or $1,800 per month if you are blind). SGA involves doing significant physical and/or mental activities for pay or profit. SGA can include part time work.
In determining whether your work qualifies as SGA, the Social Security Administration will consider numerous factors such as your income earning ability, the type of work that you are doing, whether you require assistance or special equipment to perform tasks, your need to take frequent breaks or rest, the extent of accommodation by a friendly employer, whether you are allowed to work irregular or fewer hours, or produce less work than other workers.
You may apply for Social Security Disability at any time when you are no longer able to work if there is a reasonable expectation that you will be unable to work full-time for at least the next 12 months and your employment income falls below the amount allowed for SGA.
In some circumstances, a disability claimant may have a skill or hobby, such as selling items on eBay, that allows them to make an effort to earn money, but due to their injury or illness, they are unable to work a regular job under normal circumstances. Most people would prefer to work and be productive. If you are working while you are applying for Social Security Disability, this employment may negatively impact your ability to be approved for benefits because it presents a greater challenge to prove that you are not capable of SGA. You should consult an experience lawyer for advice on the tricky and confusing topics of SGA, work, and disability.
This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on Federal and North Carolina state laws in effect at the time of posting.
SOCIAL SECURITY DISABILITY VIDEOS
Our Video Library is not closed-captioned. Instead of embedding our videos, we have created posts for them, where full transcripts of can be found. Click on the links below to view the video and its transcript.
~ What Our Clients Say ~
My first time meeting Mr.Gantt, he was very open and honest about what it takes to get my SSDI. He was optimistic about my case. He walked me through what he needed on my part. I was very happy with the results of my hearing. I am very pleased with Mr.Gantt and definitely recommend his…
David Gantt and his staff were excellent very informative, kept me updated on every move and with this dedication I was able to win my Social Security hearing. Highly Recommend.
Amazing! When my husband was injured, we didn’t know who to turn to. I started googling to find a attorney, I called Mr. Gantt, I couldn’t be more thankful! The nightmare was over as Mr. Gantt and his amazing team handled everything from that very moment! Not only was professional but extremely caring, taking time…
David Gantt and his staff handled my disability claim and they were excellent. I highly recommend him, he is the best in Western North Carolina. Mrs. Kelly Reaves 5.0 stars November 5, 2019
David is clear, precise, and delivers as promises.
The entire staff were welcoming, knowledgeable, helpful, and nice people! David was professional. He knew exactly what he was talking about and did what he said he was going to do. I have had a wonderful experience with this firm and will not hesitate to use them in the future.
I was very satisfied with David Gantt’s expertise and knowledge in all aspects handling my case. He dealt with all the paperwork and contacted all necessary providers to get my medical history – it was extremely hassle free! He communicated and counseled me on what to expect – being very forthcoming (he’s a straight shooter)!…
I highly recommend Mr. Gantt. He is very kind and always professional. He prepared me for my disability hearing and calmed my nerves. Everything happened exactly as he said it would. I honestly do not think that I would have been approved for disability without his help. Also, his office staff were always ready to…
Mr. Gantt took good care of me. I will be forever grateful for him getting me the social security payments I need for a disability due to military service. He seems like a genuine compassionate good man. I highly recommend! ~C.M.
David and his entire staff are so nice and show compassion to everybody. He was there when I had any questions. David Gantt is the best attorney in his field, he goes above and beyond. I am extremely grateful to him and his staff. ~M.H.
Very nice and friendly service. They always answered any of my questions. Had a great experience working with them on my disability case. I highly recommend there services! After trying for 6 years and 2 unfavorable decisions, David and his team did a great job representing my case and won. I appreciate there time and…
The whole office is very respectful. Answered all my questions. So Glad they were there cause I had no clue after fighting for 2 years. Thank you guys soo much. ~K.H.
I am very grateful to David Gantt & his staff! They were wonderful and made the confusing process much easier to understand. I wish I had contacted them sooner. They were super to work with and such nice people! Thank you so much! ~K.S.
Mr. Gantt is a highly compassionate and professional lawyer. He worked hard for me to show my disabilities. Always pleasant and supportive, while being very much on top of his cases. I recommend David Gantt to anyone. Great Attorney! 5 Stars. ~ Dakota
Wonderful client services..very friendly and willing to go the extra mile to help clients. highly recommend him for anyone needing assistance for the Disability SSI. ~T.D.
I am so grateful to Mr. Gantt & his staff. They have been so professional and knowledgeable. They’ve answered all of my questions and made a very stressful situation, bearable. I would not hesitate to recommend Mr. Gantt. He is knowledgeable, professional & caring. ~J.H.
Linda Calloway Mundy David Gantt is an outstanding Lawyer. I highly recommend him. He was beside me all the way and I would like to thank him. ~Linda 5 Stars
David Gantt and his staff are very professional, upfront, honest and nice. They made me feel at ease discussing my case. They helped me with every step of the way towards my disability approval. I would recommend them to anyone. They kept me updated on everything. Just wish I had contacted them sooner. ~D.P.S.
When I applied for Social Security Disability I saw no reason that I would need a lawyer since my case seemed clear. It wasn’t until the second rejection that I realized that I had no idea how the system worked. A couple of local lawyers I had contacted suggested that I talked to David Gantt…
This office is fantastic. The staff is helpful and friendly. He is honest with you about the pros and cons of your case. He works hard to get a positive result. ~S.G.