DISABLED BUT STILL WORKING?

Pretty often my phone rings and someone says, "I am disabled but I'm still working because there's no other way to pay my bills."

Legally that's like saying, "The sun is still shining but it's pitch dark outside."  Both things can't be legally true at the same time.

Under Social Security regulations, you may not be employed at "significant gainful activity" (SGA) and apply for disability benefits.  If you are working, you are not legally disabled.

What is significant gainful activity?  In 2018, it means that you have wages of at least $1,180 per month.  If that is the case you are gainfully employed and are not entitled to Social Security disability benefits, regardless of your age, medical condition or symptoms.

It is not the income that matters, it is the work that matters.  Social Security is not means tested; you do not have to have limited income to get benefits.  However, you cannot be working at SGA level.  If your income was from something other than work or self-employment it wouldn't matter.   For instance, there is no limit on income from investments, rental property, savings accounts, alimony, child support--that type of thing.  But working proves that you are able to work.  And that is a problem under the law.

So back to that phone call:  "I am disabled but still working because I have no other way to pay my bills."

It may take from 5 months to 2 years to get Social Security benefits started, if you ever do.  How does one survive that long without working?  I have no good answer to that question.  

One thing I always ask is, Does your employer have long term disability insurance where you work?  If so, this might be an option to explore, since payments from a disability plan do not interfere with Social Security eligibility.

Social Security does not pay any benefit while your application is being considered or appealed.  There will be no benefit until your claim is approved.  And for Title II claims (the regular disability program), the first 5 months of disability are not covered, even if you are approved right away.  So, if you become disabled today, you won't get a check for 6 months because the first 5 months are excluded and Social Security pays one month in the arrears.  The best you can hope for is a check 6 months from the date disability began.  (The rules under Title XVI, or SSI, are different).

My office will do everything possible to help with a disability claim.  We can help you make sense out of Social Security's rules and regulations.  We can also help you file a complete, "clean" application that has the best chance of approval without useless delays.  Of course, we cannot guarantee what Social Security's decision will be, and we cannot make the US Government work faster than it does.  Oh...we only wish...!

SOCIAL SECURITY JUSTICE 

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