Working while applying for Social Security Disability

According to the United States Supreme Court, a return to work before the end of the “continuous period of not less than 12 months” required by the Social Security Act and before the claim is decided, precludes a finding that a claimant is disabled or entitled to a trial work period. (see: Barnhart v. Walton, 535 U.S. 212 (2002) (available at: ). A claimant who returns to work before his or her claim is decided and during the first 12 months of his disability may lose the claim completely and be required to start a new period of disability, even if the impairments were expected to have lasted at least one year. A claimant who returns to work after the 5-month waiting period but in the first 12 months cannot be protected with a trial work period.

This decision does not discuss whether a person is eligible to be found disabled and allowed a trial work period where work resumes after 12 months. 20 CFR §404.1592(d). In theory, the Supreme Court decision also does not prevent an award of benefits and trial work period in a case where work resumes within 12 months but after the waiting period and after the claim was first decided. How this will be applied in real life remains to be seen. For the claimant who returns to work too soon, it may be possible to argue that the work was an unsuccessful work attempt. 20 CFR §404.1574(c); 20 CFR §416.974(c). Your attorney representative will need to review these regulations carefully to establish the appropriate facts.

If you are able to work, you will generally make more money than you would receive in Social Security Disability benefits. In addition you would continue to get credit towards Social Security retirement. So, if you are able to work, you may be better off working. You may wish to meet with an attorney to discuss your particular medical conditions and the facts surrounding your possible work attempt.

The attorneys of Cascadia Disability Law help people just like YOU! We fight to get you the benefits you deserve at the earliest stage possible in the claim process. Call or email us anytime – 503-891-8376 / 800-891-0867, Help@CascadiaDisabilityLaw.com

–> Contact us BEFORE you apply, and apply right the first time!