Our Michigan Social Security Disability Attorneys are asked this question all the time. Unfortunately, we know all too well that financial reasons may cause an applicant for Social Security Disability Benefits to attempt to go back to work after filing for benefits. There is no easy answer to this question, but below is a brief explanation of some of the rules on the topic.
There is a 5-step process that SSA uses for evaluating eligibility for Social Security Disability Benefits. One of those steps is a consideration of an applicant’s work history. According to the Social Security Administration, in order to be “disabled”, an individual must be unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment”. If you are engaged in substantial gainful activity (SGA) you are most likely not eligible for Social Security Disability payments.
SGA is defined by the Social Security Administration as “work that involves doing significant physical or mental activities. A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. For 2011, the monthly SGA amount is $1000.00 for non-blind individuals and $1640.00 for blind individuals.
However, there is a Social Security Ruling (SSR 84-25) that addresses whether trying to work will have an effect on the possible receipt of Social Security Disability Benefits. This ruling applies to ATTEMPTS at working, that later prove to be unsuccessful. Generally, work that a person is “forced to stop after a short time” because of a disability will be considered an unsuccessful work attempt (UWA). There must be a significant break in the claimants work history before the SSA will consider that the claimant began a work attempt that later proved unsuccessful. Earnings that are determined to be from an unsuccessful work attempt may be disregarded because they are so brief and do not constitute sustained SGA.
So….the not-so-simple answer to the above question is probably not. SSA looks at many things when deciding whether or not to approve an application for Disability Benefits. Keep in mind that all Social Security Disability applicants have an obligation to report any work activity to SSA. Therefore, if you have any questions about work you have done (or would like to try to do) and its possible effect on your application for Social Security Disability Benefits, your best bet would be to contact an experienced Social Security Disability Attorney immediately.
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