New Rules for Working While Applying for Social Security Disability

New Rules for Working While Applying for Social Security Disability

What are Social Security’s NEW RULES for WORKING while you are applying for disability?
This is a very common question.

Under SSA’s rules, earnings less than the SGA “substantial gainful activity” limit should not be counted against you. As of January 1, 2023, SGA is equal to $1,470 per month in gross earnings.
And this amount changes every year. (Check online for the most current figure.)

As I discuss in this video, however, on-going earnings at or close to the SGA limit may very well hurt your case. HURT YOUR CASE.

Why? Because your disability judge may believe that your earnings are not at or over the SGA amount because you have refused more hours or because additional hours are not available to you.

By contrast, an unsuccessful work attempt (UWA) can help your case, even if your earnings are over SGA for a month or two.

You can probably sense that SSA’s rules about earnings and the “real life” impact of trying to work are not the same. I advise my clients to call me if they intend to try to return to work so I can help them avoid a situation where they are earning enough to negatively impact their case, but not enough to pay the bills.

If you are not represented and have questions about working while applying for disability please reach out to me for a FREE case evaluation right now. I can only take so many cases per month, so please don’t delay. Act now!

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50 Comments

  1. @dmay9081 on February 14, 2024 at 5:19 am

    Good advice



  2. @jenniferhowley5103 on February 14, 2024 at 5:22 am

    I was recently cut off cold turkey of my SSD .. I worked 18 months almost steady . It was the most I worked in 13 years … it was NOT easy ..I didn’t do anything else ..work come home rest to be able to work again ..,I loved my job …I wish I could still do it … i was earning my hourly wages along w my SSD and still wasn’t making enough to get my own apartment n under the medium ..I had to spend money for things to aid me to work and it was work to be able to work .. I was in extreme pain ..I had surgery scheduled for 6 months n just pushing myself to save enough to get me through without working …I am going paralyzed…my hands stopped working and. Now I have difficulty walking ..I delivered for Amazon ..they gave me leeway and accommodated me for they said I was loyal and dependable…I was in ER 3 Times due to issues . I went to get.Surgey and my surgeon didn’t show up … I decided to take a mini vacation which I did by myself alone ..I had only income of my SSD check that didn’t arrive …I had no money and had to sleep outside ..I was so scared ..I tried to call social security but gave up n went on web sight ..they said I was over paid $24,000 ???? What does that mean ??? I only made $38;000 for the year ..gross …which a good portion was spent on doctor visits ,co pays ..travel fees to get to doc. I was displaced during Covid out of state …I travel every month to my doctors to be able to work… etc. plus extras ..special gloves .braces ..etc to help me perform duties …I now have no income …I’m going to be homeless …I was robbed 1600 and my check was garnished …I made money that didn’t go to me directly …I have been in poverty for 10 years. The first year I was successful to actually make a little bit to pay off debts …repair credit ..rent a half decent room to sleep. Not nice room. Just not gross … and now the ss says I owe them 24:000?.. no letter no warning no calls ..they didn’t even ask me anything ..they encouraged me to work. I didn’t expect to thrive but I was pushing it out of loyalists knowing I wouldn’t be able to sustain ..which everyone knew. Including my wonderful boss ….I don’t have anything now



  3. @robermoore9364 on February 14, 2024 at 5:24 am

    How do I hire. You



  4. @geraldhammond2382 on February 14, 2024 at 5:24 am

    Very informative, thank you so much for your incite.



  5. @labarbarasmith7307 on February 14, 2024 at 5:24 am

    I wish I would have hired you. I don’t feel current rep is doing a good job. I been fighting the battle for 3 years.😢



  6. @billwilhoit9296 on February 14, 2024 at 5:26 am

    How to get it when you have to continue working to survive yet shouldn’t be doing the work



  7. @walterwhitewalker526 on February 14, 2024 at 5:27 am

    I live in MD and was recently approved for disability due to legal blindness. I have been legally blind for over 20 years but I worked up until 2 years ago. My place of work closed and I found it nearly impossible to find new work. I put my onset date as the date I lost my job in 2020 but theu put my onset date as the date I saw their Dr in April of this year, even though I applied in October. So I have to wait til the fall to get my first payment. Is there a way to just appeal the onset date?



  8. @melaniepowell on February 14, 2024 at 5:27 am

    I have Epileptic seizures. I just received SSID for the 3rd time in my life after Covid19 made me lose my job in 2020. I come up for review at the end of 2024.

    I go through cycles where I have seizures severely for 1-2 years, and then after much they ‘appear’ to have stopped again. I’m almost 54 and have seizures since I was 4.5-5 years old.

    I had as many as several hundred seizures as a teenager per month. I was 17 before the first doctor even began to partially control the seizures. I had brain surgery in 1996.

    I held my first job just before I was 30. I could drive for about 4.5 years and then I had a severe Grand Mal seizure and haven’t driven since. I travel thousands of miles for work because my family can’t take me to a job. The state’s minimum wage doesn’t pay for gas.

    I’ll be 55, not in my 30s or 40s, under my next review but I am still nervous about being forced to work again. I can go several years with just a few seizures and then they return with a vengeance. And the cycle repeats. Will my age matter this time?



  9. @deadpoolMAX951 on February 14, 2024 at 5:27 am

    I have a question I have to go on disability soon and was wonder the week before I come back to my job I was wonder if I can apply for other jobs? So like after my disability I can start working….I’m trying not to come back to my job and just move on….can anyone help me with this question?



  10. @darryladkins6186 on February 14, 2024 at 5:28 am

    I work making like 2500 a month, should I quit because it’s hard for me to work, I take a med for depression.



  11. @desthecapricorn on February 14, 2024 at 5:30 am

    How do I expedite my court case !? It’s been appealed since 2020



  12. @mackman3294 on February 14, 2024 at 5:32 am

    This system is garbage! Been working since I was 16, hard work! All these dumb restrictions for your money.



  13. @wesdann887 on February 14, 2024 at 5:32 am

    I have advanced stage four cancer got mine 9 months ago but I have to stop working for a little bit now



  14. @ram1460 on February 14, 2024 at 5:33 am

    What if I was full-time a manager then I got a disability now I went back to work part time because my doctor says I can’t work more than 16 hours a week?



  15. @djrickmendez255 on February 14, 2024 at 5:34 am

    Great video! Clear and thorough explanations. Thank you!



  16. @lourivera9794 on February 14, 2024 at 5:37 am

    Do you represent clients on contingency or do you require a retainer at the outset of representation?



  17. @masanjawashington7766 on February 14, 2024 at 5:37 am

    great information. this will help some people I know



  18. @juicylipsbyspirit7768 on February 14, 2024 at 5:37 am

    Do this goes for Alabama. And how can I contact you. Because I have a lawyer. But I would love to talk to you about it. Because I’m in so much pain every day. I have migraine and arthritis in both knees.. and I need money. But I can’t work. I be in too much pain every day.. please send me your website



  19. @yvonneh9487 on February 14, 2024 at 5:38 am

    Great info.



  20. @crazyburkey3677 on February 14, 2024 at 5:40 am

    My plan is to drive for Uber or Lyft, because I can’t really sit or stand for too long



  21. @jeniferschultz1804 on February 14, 2024 at 5:42 am

    Whats the sga for ssi ? I applied for ssi because im am disabled and cant do the work that ive done for 15 years, i had to resign from my job that i had 10 years straight, we pay ìnto trs instead of ss so i was not able to get ssdi, so i was not working for about 5 months and went back to work part time 3 hours a day 1.5 hours in the morning and 1.5 in the
    afternoon i cannot take on a full time job because of all the herniated discs and slipped discs and bulging disc’s along with the loss of muscle strength and spondylitis and spondyloses and flattening of my spinal cord and sciatica on both sides of my body, im loosing the use of my hands the thumb joints in both hands are worn out and hurt terribly everyday, and i have macular bleeding in both my eyes the left eye is loosing the ability to see color and when i see a face it looks like part of it is missing and the other looks like melting wax and i cannot see very far ,going to the Dr’s for all thats ailing me,these conditions are not improving they are getting worse day by day



  22. @SilverbugInc on February 14, 2024 at 5:43 am

    How many hours can I work legally for a family business while collecting SSDI? Assuming my spouse owns the company and will be making accommodations to increase my productivity, could I be added onto the company payroll as a salary employee without issues? Social security asks for a set amount of hours worked per pay period and in my case I’ll be paid a salary regardless of hours worked to simplify things. I’ll be earning 1k per month



  23. @tonyasager2921 on February 14, 2024 at 5:47 am

    In upstate ny does it really take a year to here anything?



  24. @brownbrown8344 on February 14, 2024 at 5:48 am

    I got off SSI and worked for years. As I was declining towards the end of my working years I realized that I wasn’t going to be able to continue. I spoke to my boss and went prn part time. I applied for disability and while waiting I further reduced my hours do to both my illness and pain levels. I don’t know if it’s different because social security still had my records, or because of my extensive medical records, as well as being on intermittent FMLA for years. But I was approved in under a year. Worked the entire time. I’m so blessed in a way that I saw this coming. Was able to buy a small home a few years back in a lcol area so I could maintain mortgage on a tight budget, got all my bills paid up, prepaid my electric for 5 months, I tried to keep working but I was hurting so bad and so sick finally applied. It wasn’t easy and was incredibly depressing to step away from the work force. I even hoped to continue prn but it was not possible
    But I’m really quite blessed I was able to prepare for what was coming. Luckily I had an orthopedic surgeon tell me I needed to prepare. That I would decline. If it wasn’t for him I probably wouldn’t have taken those steps. Also watching these videos helped me file.
    I know lawyers don’t like us to work while applying but unfortunately not everyone has family that can afford to take over financially. I was just one of the lucky ones that saw myself declining. Financially if I had to wait years I would have ended up in serious trouble like so many people do.



  25. @FawadZakai on February 14, 2024 at 5:49 am

    Is day trading the Stocks, Futures, and Forex Markets considered as working?



  26. @sashaforrest1106 on February 14, 2024 at 5:50 am

    I don’t wanna be on it at all
    But I am very sick my doctors told me not to work. I tried to go back working and only could 3 days😞 I have to leave and the next week I couldn’t go back. I just wanna be normal again 😞



  27. @deloisrichardson2636 on February 14, 2024 at 5:52 am

    Hi’DeLois Richardson,,,i was working and received ssi but I can’t work no more,,copd,seizures;;;



  28. @jessli369 on February 14, 2024 at 5:52 am

    You told me precovid you dont take out of state cases. My court date is in a few weeks. I have a lawyer but trust you more to win my case. Are you taking out of state cases now?



  29. @kb9liq on February 14, 2024 at 5:52 am

    The wife does even make that much on SSDI



  30. @dongkwon1242 on February 14, 2024 at 5:54 am

    I am receiving SSDI and working around 20hrs(minimum wage) per/week to make ends meet. And barely making with Rent Control($1100/mo for Studio Apartment) and I am living in San Francisco Bay area. SSDI payment doesn’t even cover my rent. If I don’t work there’s no way that I would make it.

    Are you saying(or suggesting) people like me should not work(or work less hours) in order to receive SSDI?

    I am very confused.



  31. @veravero5715 on February 14, 2024 at 5:54 am

    It is always good to listen your news
    Thank you.



  32. @vickipedia3253 on February 14, 2024 at 5:56 am

    What if someone is earning very high for the period they work let’s say 10-15K/ mo but have to discontinue again and again due to health issues, are they a candidate?



  33. @Kelly-bn8mu on February 14, 2024 at 5:57 am

    Is that 1349 gross or net a month??



  34. @davidbillings3105 on February 14, 2024 at 5:58 am

    If you go to work it could be a potential problem. My problem is I’m going for ssdi and will my quarters be lost in the waiting period. If it is then i will be stuck on ssi.



  35. @peggywebster6282 on February 14, 2024 at 6:00 am

    I would like to know if l have enough info
    For disability.



  36. @jefferytallant3814 on February 14, 2024 at 6:01 am

    Why do they not raise the cap on how much you can earn because the cost of living has gone up with inflation.The rules need to be changed to adjust to inflation.



  37. @dmay9081 on February 14, 2024 at 6:02 am

    Thank ya Sir



  38. @PIANOBARN on February 14, 2024 at 6:05 am

    1470 this year is not enough to pay your house payment your electric bill
    How in the world can they expect that



  39. @byron2521 on February 14, 2024 at 6:05 am

    There’s one problem. Working part time making $800 to $900 don’t pay the bills and put food on the table.



  40. @dmay9081 on February 14, 2024 at 6:05 am

    I think I just found my ss atterny



  41. @showmeyourdaleel6568 on February 14, 2024 at 6:06 am

    Working part time can hurt your mental health claim when DDS in house psychologist reviews your cause since you are proving that you can handle the mental demands of work even if it’s only part time. Another thing if your working with special accommodations such as an ADA plan, a sheltered job experience, or have a job coach it’s important to let the judge know that since this could be considered less than competitive work.



  42. @beethemessiah9973 on February 14, 2024 at 6:08 am

    My god this country is evil. People with disabilities have a shorter life span than healthy people regardless of illness. It’s just a fact of life. I’m experiencing complications due to type 1 diabetes. I’ve had thyroid problems over 10 years. People in Canada can get disability for thyroid issues because they’re smart enough to recognize that hormones are very destructive. It’s like living with acid. I’ve paid taxes for over 10 years and this country shits on me because of my disability?? What kind of sense does this make? Who can I write to regarding this? What is the point of hiring an attorney? I know the law and blah blah blah. I CANNOT afford to be homeless. I need the most basic things so I don’t die. Or is that the point?



  43. @swaziswimmer on February 14, 2024 at 6:09 am

    Thankyou! I love that you separated the "technical" from the "reality" — so very helpful for me. Also the acknowledgement that the SSA definition of SGA is outdated IF you are a single person with no other human and financial help. In my experience people in these situations must apply for and humble themselves to accept help (low income housing, food stamps, food pantries, help from your church or American legion or whatever they have available). It stinks to become disabled but we must accept that we cannot usually maintain the level or comfort of living we were used to. Somehow it felt good just having someone acknowledge that "substantial " has a different meaning than we are used to when it comes to SGA.



  44. @ican3891 on February 14, 2024 at 6:09 am

    i have MS. I also have a job. However I do not make enough to rent someplace that is mobility friendly. will social security pay me so that I can afford a rental that is mobility friendly



  45. @wesdann887 on February 14, 2024 at 6:09 am

    Wesley Dann I’m new,to your video today



  46. @tubbybrown7363 on February 14, 2024 at 6:10 am

    Why do elder peoples got to things like this over their own money they paid in?



  47. @TheWaterman1000 on February 14, 2024 at 6:11 am

    What about passive income?



  48. @laschell59 on February 14, 2024 at 6:12 am

    Question! If your on SDI N SSI AND GO BACK TO WORK HOW DO THEY EXCEPT PEOPLE TO BECOME GAINFULLY ABLE TO NOT FAIL IF THEY COUNT EVERY PENNY. Example: Door Dash. Is 1099. But that’s delivery food. One must put gas in the car to keep working. How can they could the gross money and not show the gas purchased to keep making the same or close to the same income???



  49. @anthonygalatolo4026 on February 14, 2024 at 6:13 am

    hello i am on ssdi and only getting $634 a month is there a way i can earn more i am disabled mentally and physically . i want to work part time but i am unable to meet the requirements to work due to having a bad back and having a mental disability .



  50. @holdingcopsaccountable6554 on February 14, 2024 at 6:15 am

    I have an onset date of July 14, 2021. I received police officer misconduct settlement on July 14, 2022. I spent the money it took until December 2022. I was given a fully favorable decision on February 15, 2023. How will the settlement effect my back pay?