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Can Part-Time Work Impact Winning Disability Hearing?

Written by TC Newlin

TC is a disability litigator and one of the managing partners in the Social Security Disability Department at Fleschner, Stark, Tanoos & Newlin. He has had the pleasure of helping thousands of people obtain the benefits they so desperately need.

August 15, 2021

SSDI Advice on Winning Disability Hearing

Let me start by saying, “disability benefits are not guaranteed”.

I would never advise someone to not work if it results in them having an undue hardship like going hungry, having the power turned off, or being homeless, especially in light of the fact that they may not ultimately win their disability hearing.

That being said, the definition of disability is an inability to engage in any substantial gainful activity (SGA).

Unpacking this even further, SGA essentially means gross monthly earnings of $1,310 in 2021 ($1,260 in 2020) or performing work activity on a full-time basis (40 hours a week).

So, technically you are eligible for SSDI benefits if you have gross earnings less than $1,310 and work less than 40 hours per week.

BUT, put yourself in an Administrative Law Judge’s (ALJ) shoes. If a claimant sat in front of you and said, I cannot work but had monthly earnings of $1,309, you would likely tell that claimant to clock into work for another hour next month, and then go about finding that claimant ‘not disabled’.

Does Working Part-Time Affect My Chances of Receiving Disability Benefits?

Working part-time even if below SGA prior to a disability hearing does matter.

The closer you are to SGA, whether that be through earnings or hours worked, the less likely an ALJ is to find you disabled.

SSD-working-part-time

If I Work Part-Time, How Should I Prep for My Disability Hearing?

There are a few things that you can do to help persuade a judge that you cannot work despite your earnings or hours worked approaching SGA.

  1. I ask my clients to get a letter of support from their supervisor detailing accommodations that my client gets that a typical employee does not. Maybe that is extra breaks, an ability to show up late or leave early, extra help with activities or an elimination of normal work activities.
  2. If you need days off between working, document it. Get written, notarized statements from family members that say as much.
  3. If you miss a lot of work, get records proving it from your H.R. department.

So Does Working Part-Time Help or Hurt My Chances of Receiving Disability Benefits?

Working part-time is not a death knell, in fact, it can help your case, if supported by consistent lifetime earnings.

“I want to work, I love to work, I wish I could work, but alas, I can’t, more than what I am today” sounds a lot better than someone who never worked at all.

SSI Note: Generally, earning over $794 a month for an individual and $1,191 for married couples eliminate the ability to get SSI benefits.

Do I Qualify for SSD Benefits?

Browse our SSDI resource library to find clear answers and determine if you qualify for up to $3,148/month in SSD benefits.

Do I Qualify for Social Security Disability?

Browse our SSDI resource library to find clear answers and determine if you qualify for up to $3,148/month in SSD benefits.

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