Can You Work During a Disability Claim? – Myths vs. Facts

Going for a year or more without working due to a health problem can be financially difficult for anybody. Your bills don’t stop coming even if you are unable to work.

So, you may wonder, “Should I try to work while I wait for a decision on my disability claim because I need some money coming in to pay the bills?”

The answer to that question can get tricky and is complicated by the myths that surround working while you file a disability claim. Let’s sort out the truth from the myths by examining the facts.

Myth: If you work at all, you will automatically be denied Social Security disability benefits.

• Fact: If you are applying for benefits, your claim will be denied only if you earn over the Substantial Gainful Activity (SGA) limit. Substantial Gainful Activity is defined as work producing an amount of over $1,690 per month in gross earnings for non-blind individuals and $2,830 for individuals who are statutorily blind (These are figures for 2026. The amounts are adjusted annually to account for inflation). These amounts are for employees; there is a different set of rules for self-employed individuals. If you try working and are able to sustain work and you earn more than the SGA limit, you will probably not qualify for disability. However, if you try to work but your job ends within a short period of time (under six months) because of your impairments, then you may be able to honestly tell the Social Security Administrative Administration that you tried to work but had to stop because of your health problems. This is known as an “unsuccessful work attempt.”
  
  Keep in mind that even if you earn below the SGA amount, this just means that the job will not disqualify you. However, Social Security can still take it into account when deciding your case.  For example, if you are making only a little less than the SGA amount per month, the state agency reviewing your claim on the initial application or reconsideration appeal, or the Administrative Law Judge (ALJ) deciding your case at a hearing, may wonder why you can’t work just a bit more.  Or, if you are working below the SGA amount doing heavy labor, SSA may assume you could earn more at a less strenuous job.
  
  You should be totally candid with your attorney about your work activity, and it is also required that you notify Social Security.  This is an area of disability law where the arithmetic is crucial to your case. The best way to document your work activity is to provide SSA and your attorney with a copy of your paycheck stubs (SSA considers monthly earnings, so a W-2 showing only annual wages will not be sufficient). If you don’t have the stubs, check to see if they are available on an employee portal or ask whoever manages employee pay for your company to provide you with documentation of your work and income. If you are self-employed, you must keep complete and accurate records of your monthly earnings and provide them to your attorney and Social Security.

Myth: You can go to jail for working while applying for SSDI or SSI benefits.

• Fact: You will not go to jail for working, but knowingly hiding your work or earnings can be considered fraud, which could result in serious penalties, so you should comply with the SSA’s regulations and always report your income.

Myth: Earnings from driving for Uber or other similar “gig” economy jobs don’t count as “real work.”

• Fact: The same Social Security Administration (SSA) regulations which apply to other forms of self-employment also govern how the SSA views work in the “gig economy,” like driving for ride-sharing companies.
  
  To prove income and hours from gig work, download shift logs from your gig apps (e.g., DoorDash, Uber). Combine these with three to six months of bank statements and your most recent tax returns. For tracking future hours and earnings, use spreadsheets or accounting software.  As with a regular job, SSA will need to see monthly earnings, not just an annual total.  In addition, even if your wages from self-employment are below the SGA limit, they can be considered to be SGA if the way you perform the work is comparable to unimpaired individuals.

Myth: If I do any work, I should abandon my disability application.

• Fact: The answer is, “it depends.” You do not necessarily need to abandon your application. For example, if you were already off of work for 12 months due to your impairments, you may be able to pursue a closed period of benefits.  Because each disability case is unique, before withdrawing your application, talk it over with your disability attorney. He or she can give you the best guidance. If you do not communicate your work attempts to your lawyer, your lawyer cannot provide you with the right advice, and you are in effect choosing to represent yourself in your claim.

Myth: Even if you were out of work for only a few months and then went back to work, you still can qualify for partial Social Security benefits.

• Fact: Social Security disability benefits are only paid if you have a qualifying impairment that prevents you from working or is expected to keep you from working for 12 consecutive months or more. But there are many considerations and rules that apply to “work attempts,” so it is prudent to speak with your disability attorney to review the facts of your specific attempts to return to work.

Myth: If you apply for disability benefits and they are granted, it means you cannot return to work and you will be on disability for the rest of your life.

• Fact: It is a common misconception that, if you are granted SSDI or SSI benefits, you are automatically disqualified from working. In reality, the Social Security Administration (SSA) actively encourages beneficiaries to explore employment through programs like the Ticket to Work program. If you return to work, your benefits may continue in some cases, as SSA may allow a Trial Work Period (TWP) while you test your ability to work.
  
  The Trial Work Period provides that a beneficiary may work for up to nine months within a rolling 60-month (5-year), non-consecutive timeframe without losing their monthly Social Security disability benefits.  As long as you remain disabled, you can get your full benefit amount. Because the rules for a Trial Work Period are complex, it is important to keep clear and precise records of your earnings and report them to Social Security.  A TWP is available for SSDI benefits but not for SSI benefits.
  
  The Ticket to Work program is a free, voluntary initiative by the Social Security Administration (SSA) designed to help people with disabilities (ages 18 to 64) who receive SSDI or SSI to find jobs and work toward financial independence. Ticket to Work participants can access employment services (like career counseling, job placement, and vocational rehabilitation) without immediately losing their essential cash benefits or healthcare coverage. The “Ticket” is not a physical item, but a symbolic designation that lets you connect with authorized Employment Networks (ENs) or state vocational rehabilitation agencies to create a customized work plan. Additionally, as long as you are making timely progress toward your goals, the SSA may pause your periodic medical continuing disability reviews.

As you can see, the rules for working while applying for disability are detailed and complex.  For a free evaluation of your situation, contact the skilled and experienced disability attorneys at Nash Disability Law.