Working While Your Social Security Disability Application Is Pending

Welcome to Season 1, Episode 28 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Working While Your Social Security Disability Application Is Pending."

If you think a short-term job while waiting on Social Security Disability benefits is harmless, think again. In this episode of Winning Isn’t Easy, host Nancy L. Cavey unpacks the complex rules around working while your SSD application is still pending, and why even a few months of income can raise red flags. Nancy breaks down what the Social Security Administration considers an Unsuccessful Work Attempt, how wages and attendance records are evaluated, and when your efforts might cross into Substantial Gainful Activity territory. She also explains what documentation matters most, how employers’ statements can help or hurt, and what to do if your work lasted longer than you planned or hovered right at the earnings limit. This episode is more than a technical guide - it is a roadmap for anyone trying to balance survival with the risk of losing benefits. Whether you’ve already tried to work, are considering it, or simply want to understand the process, you’ll find clarity, practical steps, and reassurance here. Because sometimes, keeping your head above water should not cost you your future.

In this episode, we'll cover the following topics:

One - What Is an Unsuccessful Work Attempt in a Social Security Disability Claim and What Information Will the SSA Want to See From My Former Employers?

Two - The 50th Anniversary of Social Security’s Ticket to Work Program and What You Need to Know if You’re on Social Security Disability or Supplemental Security Income and Want to Work

Three - The Two Ways You Can Work and Keep Your Social Security Disability Benefits

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


Need Help Today?:

Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:00]:
 Foreign welcome back to Winning Isn't Easy, Social Security Disability Benefits, the podcast where we break down everything you need to know about navigating the Social Security system. I'm your host, Nancy Cavey. Now, before we get started, I've got to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says I have to tell you this now that I've told you that nothing is ever going to prevent me from giving you an easy to understand overview of the Social Security disability claims process, the games that are played, and what you need to know to get the disability benefits you deserve. So off we go with today's episode. Now in the last episode we had a special guest, Sue Payne, and we discussed voice disorders and Social Security disability. In this episode, I'm going to tackle a tricky but important topic working while your Social Security disability application is still pending.
 
 Nancy Cavey [00:01:05]:
 Now, maybe you have tried to go back to work just to make ends meet. Maybe you've pushed through despite your condition only to find that these few months on the job might now raise red flags in your disability claim. I'm going to unpack what the Social Security Administration considers to be an unsuccessful work attempt and why your wages, job performance and even your attendance records could make or break your case. You'll learn what documentation matters and what employers can say that will help or hurt you. And you'll also need to understand how the Social Security Administration calculates whether you've crossed the line into wages that are considered to be substantial gainful activity territory. And we're going to explore what steps that can be taken if your work attempt lasts longer than expected or if you earn right on the edge of what's allowed. If you're waiting for your claim to be decided and you're wondering whether that short term job is something you should be doing and how it will be viewed by the Social Security Administration. This episode is for you.
 
 Nancy Cavey [00:02:10]:
 Now I'm going to specifically talk about three things today. Number one, what is an unsuccessful work attempt in the Social Security disability claim and what information will the Social Security Administration want to see from my former employers? Two, this is the 50th anniversary of the Social Security's Ticket to Work program and what you need to know if you're on Social Security Disability or SSI and want to work? And then lastly, I'm going to talk about the two ways that you can work and keep your Social Security disability benefits. Got it. We're going to take a quick break. Before we come back.
 
 Speaker B [00:02:41]:
 Are you considering filing for Social Security disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:03:16]:
 Welcome back to Winning Isn't Easy. What is an unsuccessful work attempt in a Social Security disability claim? And what information will the Social Security Administration want to see from your former employers? Now, when you apply for Social Security disability benefits, you have to prove that you meet the five step sequential evaluation. And one of the questions that they're going to be asking at step four is, can you go back to the lightest and simplest job be held in the five years before you became disabled? And at step five, is there other work that you can do in the mythical hypothetical, not real world national economy? Now, I know that it can be hard to survive financially while you're waiting for your Social Security disability claim to work its way through the disability claims process. And you may even have attempted to go back to work. If you have done that or you're doing it, there are going to be two issues that the Social Security Administration is going to have to determine if, if your claim is to move forward. Now, the first thing they're going to ask when you file your Social Security disability application is, is this person working? And if so, are there earnings that exceed the amount of wages that you can earn and still be eligible for Social Security disability benefits? And this is called sga. The second thing they're going to ask is, does this work that you may be doing qualify as an unsuccessful work attempt? Now, if either of these two issues exist in your case, it's time for you to retain an experienced Social Security disability attorney. These issues are complex financially and they are factually based.
 
 Nancy Cavey [00:04:58]:
 So let's talk about the amount of wages you can earn. Now, under the Social Security regulations, you can become ineligible for Social Security disability benefits if you earn a certain amount each month that exceeds the applicable monthly earnings allowed by the Social Security Administration. This is known as Substantial Gainful Activity, or sga. If you earn more than sga, you're not eligible for Social Security disability benefits, regardless of how disabled you might be. Now, the SGA number changes every year. So what it was in 2024 is not what it was or is in 2025, and it won't be what it will be in 2026. If your earnings are close to the Substantial Gainful activity level, documentation from an employer can help. And what do I mean by that? Documentation from an employer can show that you are not actually performing what's called significant gainful activity.
 
 Nancy Cavey [00:05:57]:
 Now, a W2 might be helpful, but sometimes we actually have to go get the actual earnings on a month by month basis to submit to the Social Security Administration to document what it is in fact you're earning. Now, only earnings paid as a result of work activity count. So sick pay, vacation pay, PTO time doesn't count. And that's why it can be important to get the pay records or something from the employer that addresses the nature of the pay that might be received and trying to figure out whether or not it crosses that SGA level. Now there's another way to address this. And if you have disability impairment related work expenses, those potentially can be deducted. So let's say, for example, because you have your doctor has prohibited you from driving, you have to take a bus or Uber to work, potentially that impairment related work expense can be deducted from your wages. And there are also times when averaging can be appropriate.
 
 Nancy Cavey [00:07:12]:
 So it can come down to money, but it can also come down to the issue of whether or not this is actually significant gainful activity in terms of you being paid wages that a normal bodied person would be paid or not paid. So if, for example, you are not doing the full work duties of your, of the actual job, then there can become an issue as to whether that in fact is SGA and whether in fact this is even a successful work attempt. Now let's talk about unsuccessful work attempts. If your work has lasted more than three months but less than six months, there could be a potential issue about whether that work qualifies as an unsuccessful work attempt. Now, if you have worked longer than six months, then Social Security is not going to consider this to be an unsuccessful work attempt. But once again, it can come down to records and your employer can provide some very important information. The employment records can help resolve the issue by addressing things like attendance or performance evaluations or statements from your employer supervisors regarding your medical information and limitations and how that impacts your ability to function. And by the way, if you are receiving any kind of accommodations, that certainly should be addressed.
 
 Nancy Cavey [00:08:45]:
 And we actually have a specific form that we use to have employers address accommodations. Now, you also might have been terminated or you might be on FMLA or other leave. There are times when we are getting documentation from the employer in the form of a request for personnel records to establish why it is our client was terminated. Or we might get the FMLA leave records to document that they're on a leave and that the physicians have supported that leave. Now, I will tell you that any one of these issues can be a case killer and you shouldn't be attempting to resolve them without the assistance of an experienced Social Security disability attorney. When you call my office or any other Social Security lawyer, one of the first questions they're going to ask is, are you working? And if you are working, they want to know what kind of work you're doing, how long you have been doing it, what wages you are earning, whether you're over that threshold issue, whether there are accommodations that are being made for you. And quite frankly, if you're over sga, it can be hard to find a Social Security lawyer to take the case simply because these issues are case killers. From the very beginning.
 
 Nancy Cavey [00:10:02]:
 Social Security will never, ever at this point get to the issue of whether you're disabled. They will issue what's called a technical denial on the basis that you are earning over SGA and certainly you've got to file an appeal. But that appeal is only going to be addressing the issue of SGA and it can take a couple years to get through this whole hearing process just to resolve the SGA issue. So you can see that you might have to change the date of the onset that you're claiming that you're disabled after you reduce the wages under SGA or you stop working. So obviously this is strategic, not only based on what your SGA is, but to make sure that that the medical records are supporting whatever day you stop working as opposed to not supporting them. One of the natural questions that we get in these cases is, well, you know, you are earning X number of dollars and you've applied for benefits, but then you finally amended the onset date to some other date. Why did you amend that onset date? Is there any medical support for that? So again, these are questions that are important to resolve before you file your Social Security disability claim. Got it.
 
 Nancy Cavey [00:11:25]:
 Let's take a break. Welcome back to Winning isn't easy. The 50th anniversary of social Media security's ticket to work program and what you need to know if you're on Social Security disability or SSI and want to work. Now, I am often asked by people if I apply for and get my Social Security disability benefits, can I return to work at some point or am I going to have to remain disabled the rest of my life? And the answer to that is that in 1973 Congress enacted the Rehabilitation act that prohibits disability related discrimination and programs run by federal agencies and those receiving federal funding. And section 503 now provides job opportunities through the Ticket to Work program for people aged 18 through 64 who are receiving SSD or SSI and want to try to work. Now. This program is free, it's voluntary and participants can work with service providers to receive support and services to to find employment and maintain it. So just because you are going to apply for Social Security disability benefits or getting SSDI or SSI doesn't mean that you are relegated to a life of disability.
 
 Nancy Cavey [00:12:52]:
 You can learn more about the Ticket program by visiting www.choosework.ssa.gov or call the Ticket to Work helpline at 1-866-768-7842 or 1-866-833-2967, which is TTY. Now, the Ticket to Work program is going to pay for services to help you find work if you have a disability and receiving benefits. If you work, you can continue to receive benefits until your earnings or combined with any other income exceed a certain threshold level. And this varies from state to state and it's not uniform. So before you go off to, you know, try the Ticket to Work, you need to understand the monthly maximum earnings can be combined with other earnings and what your particular state's number is. As I said, it's not uniform. So what is a trial work period? A trial work period is a time limited period that allows a person to receive their full Social Security disability benefits in addition to the full income from an employer during their return to work transition. Now this is called TWP and it's measured over a 60 month period, but the maximum twp is 9 months.
 
 Nancy Cavey [00:14:11]:
 So the Social Security Administration will begin monitoring your monthly earnings after you complete the trial work period to determine whether or not you're earning more than that sga. Remember, SGA is the amount of monthly earnings regulated by Social Security every year. That's used to determine whether you qualify for Social Security disability benefits. Now, if Social Security says you're earning more than sga, your benefits can be paused. So again, deciding to go back to work is a great thing, but you have to understand what you need to do, how much you can earn and the potential pitfalls in the the earnings SGA levels numbers changing every year Remember, if your earnings do fall below sga, your benefits can be reinstated, but there are time limits for that. This requires pretty exacting and detailed planning I think, and it's not something you want to just sort of say I'm going to go back to work tomorrow and go off and do it. I applaud that, but you need to Understand the consequences. Got it.
 
 Nancy Cavey [00:15:16]:
 Let's take a break.
 
 Speaker B [00:15:18]:
 Struggling with your Social Security disability case? The right attorney can make all the difference. Get our booklet the key to hiring a great attorney for your Social Security disability case. Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:15:59]:
 Welcome back to Winning Isn't easy. The two ways you can work and keep your Social Security Disability benefits Congratulations on winning your Social Security disability claim. Now, you might have found that it's pretty darn hard to live on Social Security disability benefits. And I'm often asked by clients and if they can work and if so, how is working going to impact the receipt of and the amount of their benefits? And there are two ways that you can work. The first is called the trial work period and the second is the extended work period. And each has different requirements. TWP Trial work period. Now, you can work up to nine months and earn more than the annual SGA amount.
 
 Nancy Cavey [00:16:41]:
 Now, SGA changes every year, so I'm just going to use an easy example. For example, you could earn more than 1050 for up to nine months without jeopardizing your Social Security disability benefits. Those nine months don't have to be consecutive. Each month you earn more than SGA counts as one of those nine months in the TWP. Now, I used the number 1050. That was an SGA one year. The SGA changes every year. So I don't know when you're listening to this, you need to understand what the SGA level number is at the time you decide you're going to do a trial work period.
 
 Nancy Cavey [00:17:19]:
 And understand that that number is key. Because if you earn more than that number and you do so for more than nine months, you are potentially going to lose your Social Security benefits. Now what's the second? That's the extended work period or extended period of eligibility epe. Now, once you've completed a trial work period and you should be enrolling in this, you can also then enroll in the extended period of eligibility, the EPE that lasts three years. So again, I'm going to use a number that is going to change based on the SGA. But in this example, if you earn less than $1,470 per month, you're entitled to your full disability benefits. Now, if the SGA this particular year is 1650, if you earn less than that, you're going to be entitled to benefits. But remember, this number changes every year.
 
 Nancy Cavey [00:18:16]:
 But if you earn more than the 1470 in my original example per month, you aren't entitled to your benefits. And then after three years you can lose your Social Security benefits if you are earning more than that number, that SGA number, and in my case the example was 1470. So it's what's key here is 1. Enrollment 2 Understanding the SGA number because it also changes every year and keeping the wages under that particular number. Now let's talk about the expedited reinstatement process, because this is another question I get now, you have gotten your disability benefits. You've decided that you're going to do a trial work period, you've enrolled, and then you decide that you want to do an extended work period or an extended period of eligibility, the epe, and you've enrolled in that, but you are doing great and you are now earning more than the SGA level and you're going to get removed from the Social Security roles. Now that's great, but let's say your condition changes and it changes for the worse and you can't work anymore and then your earnings fall below whatever that annual SGA number is. What happens? Well, you can reapply for your Social Security disability benefits through the expedited reinstatement process.
 
 Nancy Cavey [00:19:46]:
 Now, it doesn't take as long as the initial claim, but it is still a long process. And you darn well better have in your medical records documentation of the fact that you attempted to go back to work or work for a period of time, but then your symptoms returned and how they progressed, not only based on your complaints, but the physical exam findings and objective medical testing such as x rays or MRIs. Social Security is going to want to understand why it is you're no longer able to make that SGA level because you have been earning more than SGA for quite some time. So they're scratching their head saying, hmm, what changed? Did this person just decide they didn't work, want to work anymore, and now go back on Social Security disability? Or is there a real objective medical reason for this? Now, as you can hear, documentation is key. I always suggest that my clients and anyone who's listening to this enroll in the programs with the Social Security Administration. You want to keep your pay stubs and report your income as appropriate to SSA to avoid any claim for overpayment or issues of fraud. SSA is going to get information from the IRS annually about your reported income. So don't think they won't know they will, and they're going to be asked to be repaid any overpayment.
 
 Nancy Cavey [00:21:16]:
 Your payments can be frozen until you make repayment, or there might even be a reduction in your payment. The failure to report your income to Social Security can also have tax implications because Social Security disability benefits can be taxable based on your family income. So an overpayment of Social Security benefits and tax liability issues can be a double whammy. You don't want to find yourself in that situation, do you? That's it for today's episode of Winning Isn't Easy. I hope that this discussion helps shed light on working and how working can impact your Social Security disability claim. Whether it's navigating sga, proving an unsuccessful work attempt, or understanding what records the Social Security Administration needs, please remember that details matter and also having the right legal guidance matters. We help make sense of the complex rules, and we help protect your rights to benefits. If you're unsure about how your work history might affect your claim, reach out for a consultation.
 
 Nancy Cavey [00:22:21]:
 You need to make sure that if you're not talking to us, you're talking to an experienced Social Security disability attorney. They're going to be asking for hard information from you. What's the date you started working this particular job? How much are you earning? Let me see your pay stubs. Let's look at your medical records and compare what's going on. Is there any reason why you couldn't be doing this job on a full time basis earning more than sga? And if you're earning more than sga, well, geez. What's your plan for continuing to do this based on the progression of your medical condition? And does your doctor now support a Social Security disability claim? Lots of questions that need to be answered so that the right information or the right strategy can be implemented in your case. Got it. Well, if you found this episode helpful, please take a moment to to like our page, leave a review and share it with your family and friends.
 
 Nancy Cavey [00:23:15]:
 Please subscribe to this podcast. You'll be notified every time a new episode drops and I would love to hear from you at the beginning of each episode. Description you can find a link where you can send us your questions or comments and I might even feature them in a future episode. Please join us next week for another insightful discussion where we're going to talk about claims denials. Thanks for listening.