Monday, May 16, 2022

Can You Work And Receive Social Security Disability

Don't Miss

What Are Employment Insurance Sickness Benefits

Can you work if you are receiving Social Security Disability benefits?

The Employment Insurance program offers temporary financial assistance to unemployed workers. This assistance includes providing sickness benefits to people unable to work because of sickness, injury, or quarantine.

If you cannot work because of sickness, injury or quarantine, but you would otherwise be available to work, you could be eligible to receive up to a maximum of 15 weeks of EI sickness benefits.

What To Do: Retire At Full Retirement Age To Receive Your Maximum Spousal Benefits

Although you wont get credits for delaying benefits past the full retirement age as a spouse, you should plan on retiring at your full retirement age to get the maximum benefits if youre going to collect spousal benefits. When you reach full retirement age, youll be eligible to receive 50% of your spouses benefits, which is the maximum amount.

If your full retirement age is 67, and you start receiving your spouses benefits early at age 62, your benefit amount would only be about 32.5% of your spouses benefits.

Answer A Few Short Questions And We’ll Outline Your Chances Of Getting Approved For Ssdi Or Ssi Disability Benefits

When you apply for disability benefits, Social Security will want to know the answers to some key questions to determine if you are eligible for disability. Here are some of the essential inquiries Social Security will make and why they matter read on to find out if you should apply for disability and if you can get disability.

Recommended Reading: How To Find Someones Social Security Number

Pregnancy And Maternity Leave

If you are disabled due to pregnancy, you may be entitled to up to 26 weeks of disability benefits.

You will need to submit a medical report completed by a doctor or certified nurse midwife stating your disability is due to pregnancy.

  • The medical report should describe specific pregnancy complications if your disability
  • started more than four weeks before the anticipated birth date OR
  • lasts more than four to six weeks after the actual birth date.

Note: Benefits are not payable for any period you are unable to work due to elective surgery .

Recommended Reading: How To Earn Money When Unemployed

The End Of Welfare As We Knew It

Can You Work While You Are on Social Security Disability?

A federal program for disabled people was first proposed in the 1930s. Even then, a Social Security actuary was worried. “You will have workers like those in the Dust Bowl area, people who have migrated to California and elsewhere, who perhaps have not worked in a year or two, who will imagine they are disabled,” the actuary wrote. The cost of the program could be higher than “anything that can be forecast.”

The actuary’s warning gets at a central tension in a much bigger debate: What should we, as a country, do for people who aren’t making it? Americans want to be generous. But Americans don’t want to be chumps.

The first key pieces of the modern safety net were created in the 1930s, under Franklin Roosevelt. The first federal disability program was created in the ’50s. A few years later, Lyndon Johnson pushed to expand the federal safety net further.

In the ’80s, Ronald Reagan argued that a robust economy would do more to eliminate poverty than any federal program. When Reagan used the term “welfare queen,” it was clear where he stood. He didn’t want to be a chump.

But when you include disability in the story of welfare reform, the picture looks more ambiguous.

Part of Clinton’s welfare reform plan pushed states to get people on welfare into jobs, partly by making states pay a much larger share of welfare costs. The incentive seemed to work the welfare rolls shrank. But not everyone who left welfare went to work.

You May Like: How Do You Figure How Much Social Security You Will Get

Will Applying For Social Security Benefits Affect Unemployment

While unemployment benefits will not affect Social Security payment amounts, unless the payments exceed the SSI maximum, the opposite is true under some circumstances. Funds received through one of Social Security benefit programs may end up reducing a persons unemployment benefits, depending on the state in which the recipient lives.

Social Security benefits only affect unemployment benefit amounts in the following states: Illinois, Louisiana, Minnesota, and South Dakota .

This wasnt always the case. In the early 2000s, 20 states and the District of Columbia had Social Security offset laws. States began repealing them in 2003 amid advocacy efforts on the issue. The most recent state to do so was Illinois, which repealed its offset law in 2015.

Minnesota still has partial offset laws regarding Social Security and unemployment compensation. For residents who receive both benefits, Minnesota reduces unemployment insurance by half of your Social Security benefits. There are determining factors, such as when you started receiving disability payments and the length of time between filing for Social Security and filing for unemployment.

Keep Your Local Social Security Office Informed

When you are working while still receiving SSD payments it is important to keep your local Social Security office informed of what you are doing. They will keep track of your working months and help ensure that you do not exceed them. If you do end up exceeding the number of months or the income limit, you will have to repay those benefits, which is typically accomplished by deducting a portion of the overpayment from your monthly benefits until your account is brought current.

When it is time to start thinking about applying for Social Security Disability benefits, we are ready to discuss your case and answer all of your questions and concerns. We will be that strong advocate by your side as you move through the arduous process of obtaining disability benefits. Please contact Bailey & Greer, PLLC to speak with an experienced West Tennessee Social Security Disability attorney.

Read Also: Social Security Early

How Much Can You Earn And Still Receive Social Security

When you take benefits while you’re still working, Social Security may withhold part of your benefit depending on your income if you haven’t reached full retirement age. Your full retirement age is between 66 and 67 if you were born from 1943 to 1959 it’s 67 if you were born in 1960 or later.

Social Security will withhold benefits at the following rates in 2021:

  • $1 for every $2 of earned income above $18,960 until the year you reach full retirement age. Let’s say you’re 64 and earn $20,000 from working, and you’re already getting benefits. You’ve earned $1,040 above the earnings limit, so Social Security would withhold $520 from your benefit.
  • $1 for every $3 of earned income above $50,520 the year you reach full retirement age until the month before you’re eligible for your full benefit. Suppose you reach full retirement age in October. Social Security would only reduce your benefits if you earned more than $50,520 between January and September.

These rules apply whether you’re an older worker taking benefits based on your own work record or you’re getting a spousal benefit or a survivor benefit.

The key to understanding Social Security’s rules about working and benefits is that everything changes when you reach the date when you can fully retire. After that point, you can earn as much as you want and still keep all your benefits. Earlier, though, you can give up some of your benefits.

How Do Benefits Work And How Can I Qualify

Can You Work While Getting Social Security Disability Insurance?

While you work, you pay Social Security taxes. This tax money goes into a trust fund that pays benefits to:

  • Those who are currently retired

  • To people with disabilities

  • To the surviving spouses and children of workers who have died

Each year you work, youll get credits to help you become eligible for benefits when its time for you to retire. Find all the benefits Social Security Administration offers.

There are four main types of benefits that the SSA offers:

  • Learn about earning limits if you plan to work while receiving Social Security benefits

Read Also: When Do You Collect Social Security

Do You Have An Attorney

While you can apply for disability and even attend an appeal hearing without a lawyer, most claimants hire a lawyer if they are initially denied. In a survey we did of our readers, those who had a lawyer at some point in the process were approved 60% of the time, while those who went it alone were approved only 34% of the time. Especially if you don’t have a clear-cut case, you might want to consider hiring a disability lawyer or advocate.

How To Apply For Both Programs

If you are eligible to receive both unemployment compensation and Social Security, then you will need to apply separately for each benefit in the same manner as you would if you were only applying for one of them.

Unemployment insurance is administered at the state level and each state has different rules and processes. The Department of Labor provides contact information and websites for all state unemployment insurance agencies. You should refer to your states website for the most up-to-date information about how to apply for unemployment benefits.

Social Security, on the other hand, is a federally funded program operated by the U.S. Social Security Administration. The fastest way to complete your application for Social Security benefits is to do so online.

Keep in mind that you donât have to wait to begin receiving one benefit before filing for the other. You can file for both benefits at the same time. Also, remember that because each benefit is provided by a different agency, the time frame for receiving payments after you file will vary.

You May Like: Who Does Social Security Benefit

Will I Lose My Social Security Disability Or Ssi Benefits If I Work

Rules for disability benefits are completely different from retirement benefits. In order to collect disability, the Social Security Administration requires that you no longer be able to engage in what’s known as substantial gainful activity. For 2021, that means earning no more $1,310 per month unless you’re blind, in which case a $2,190 monthly limit applies.

Unlike the retirement benefit rules, there’s no phaseout for losing disability benefits. Earn a single $1 above the limit, though, and you lose every penny of what you get from Social Security Disability. If you make less than the amounts above, then you keep full benefits, but, if you make more, then you lose all of your disability benefits.

However, Social Security allows disabled workers a nine-month trial period to test their ability to work. During this period, you’re allowed to collect your full benefit no matter how much you earn, as long as you report the income and still have a disability.

If you receive Supplemental Security Income , your benefits are reduced by $0.50 for every dollar you earn above $85 in 2021.

Social Security Disability Insurance For People With Cancer

Can You Collect Social Security Disability and Workers ...

Social Security Disability Insurance is a federal disability insurance benefit earned by people who have worked and paid into Social Security. Its only available to people who have disabilities that keep them from working. If you have cancer, you may be able to have your SSDI application processed more quickly

Read Also: Ssa Gov Benefits

The Extended Period Of Eligibility

After your trial work period, you have 36 months during which you can work and still receive benefits for any month your earnings arenât âsubstantial.â In 2022, the SSA considers monthly earning over $1,350 to be substantial. No new application or disability decision is needed to receive an SSDI benefit during this period.

Why Do Disabled People Still Lose Out

For starters, federal policy hasnt kept up with inflation or changes in the labor market, experts say. Thats especially so for Social Supplementary Income, the program James is on.

While the program mainly caters to the elderly and children with disabilities, Jamess situation highlights several dated provisions. For example, the $85 income deduction was set when the act was signed into law in 1972. It hasnt budged since. The $2,000 cap on liquid assets to qualify for SSI was set in 1989.

Another issue is the maximum monthly payout of $783. While this number does change annually, Romig notes its well below the poverty line.

For SSI and SSDI recipients who do work, their earned income can fluctuate month-to-month because its often hard to stick to a fixed work schedule due to the nature of their conditions. This makes it difficult for even the most earnest recipients to accurately report their income.

You always want people to work to their fullest potential, of course. This is America, Romig says. Thats one of our foundational ideals.

But the difficulty of navigating the programs coupled with the threat of losing benefits as a worker often clashes with that value.

Read Also: How To Check How Much Social Security I Have

If You Have Questions About Social Security Disability Insurance Call Cottrell Law Office

Social Security Disability Insurance can provide you with financial security if you have a disability that prevents you from working.

However the SSAs rules and requirements are very strict, and it can be difficult to get benefits. In fact, the SSA denies over half of disability claims and appeals.

A Social Security disability lawyer can help you put together a complete and thorough application to increase your approval chances.

Your lawyer will help you gather the required documentation to support your claim and refer you to professionals to conduct the required assessments.

An SSDI lawyer can also prepare you for an appeal if your application was denied.

The experienced attorneys of Cottrell Law Office specialize in helping people receive compensation for their injuries, including government benefits.

If you are in Missouri or Arkansas and have questions about Social Security Disability Insurance benefits, please contact us to find out how we can help.

Are You Able To Prove That You Can’t Do Any Type Of Work

Can You Work While Receiving Social Security Disability? â NJ Attorney Tanya Phillips explains

Social Security will look to see if your condition prevents you from doing your previous work. If you can’t do your previous work, they will look to see if there is other work you can do. When making this determination, Social Security will consider various factors, like your medical records, your current abilities, and your age.

Does your doctor believe you’re unable to work? Your doctor’s opinion on your limitations is very important to Social Security. If your doctor doesn’t think your impairment limits you from doing full-time workâor worse, if there’s an indication in your medical records that your doctor thinks you’re exaggerating your symptomsâyour claim could fail. For more information, read about what to do if your doctor thinks you’re exaggerating and how to get your doctor to cooperate with you on your claim.

Does your condition make it difficult for you to perform daily activities? If you get by without assistance doing your grocery shopping, cooking meals for you and your family, cleaning your house, and paying your bills, Social Security might wonder if your condition isn’t severe enough to prevent you from working. Social Security looks at how your work activities and your daily living activities are limited to judge how severely a medical impairment affects your life and whether you can work. For more information, read about the importance of daily activities and Social Security’s daily activity questionnaire.

Read Also: How Much Do I Pay For Social Security

Adults Disabled Before Age 22

An adult who has a disability that began before age 22 may be eligible for benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.

The disabled “adult child” including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.

Example

It is not necessary that the disabled “adult child” ever worked. Benefits are paid based on the parent’s earnings record.

  • A disabled “adult child” must not have substantial earnings. The amount of earnings we consider “substantial” increases each year. In 2021, this means working and earning more than $1,310 a month.

Working While Disabled: How We Can Help

How Does The United States Compare With Other Countries

According to a recent analysis by the Organisation for Economic Co-operation and Development, or OECD, the United States has the least generous disability-benefit system of all OECD member countries except Korea. The OECD describes the U.S. disability-benefit system, along with those of Korea, Japan, and Canada, as having the most stringent eligibility criteria for a full disability benefit, including the most rigid reference to all jobs available in the labor market and the shortest sickness benefit payment duration. In addition, the United States spends less as a share of its economy on incapacity-related benefits than other nations. In 2009 public expenditures on incapacity-related benefits comprised just 1.5 percent of U.S. gross domestic product, or GDP, compared to an average of 2.4 percent for all OECD nations.

Proponents of cutting disability benefits in the United States sometimes point to particular elements of disability program reforms in Europeparticularly in Germany, the Netherlands, and the United Kingdomas potential models for changes to the Social Security disability programs. In general, however, such proposals fail to take into account that these nations have much more generous disability systems, less rigorous disability standards, higher levels of social expendituresnot just on incapacity benefits but on social assistance generallyand more regulated labor markets than the United States.

Also Check: When Will I Get My Social Security

Can You Work And Receive Social Security Disability Benefits

If you are disabled and looking to keep working while still receiving benefits from the SSA insurance scheme, there are things to keep in mind. Whether you lose all your entitlements or get to keep them is dependent on what the SSA terms Substantial Gainful Activity.

If you are eligible for SSD benefits, you will continue receiving them while working under SGA. The latter allows you to undergo an employment test period. During this time frame, youll receive all the social security disability benefits youre entitled to.

The trial period is for you and the SSA to determine whether you can work with your limitations. The test can last for nine months, and the SGA scheme will consider the number of hours you worked.

The SGA usually considers 80 hours or more of work as a trial month. It is prudent to have a disability law attorney to assist you with this and help you communicate with the SSA officials.

More articles

Popular Articles