A common question asked by clients is whether part-time work will affect their ability to continue receiving Social Security Disability Insurance (SSDI) benefits. The answer to this question is generally yes, you are allowed to engage in part-time work while receiving SSDI benefits. However, an important caveat is that as your monthly income cannot exceed an “allowable income limit” that is set by the Social Security Administration (SSA). For context, the SSA’s income limits allow SSDI benefit recipients to earn up to $1,620 per month (or $2,700 per month if you are blind) and still receive full disability benefits.
In addition, the SSA deducts the amount of job-related expenses you have. Basically, with deductions included, you may be able to earn more than the stated income limits without putting your SSDI benefits at risk.
If you are concerned about your part-time work adversely impacting your SSDI benefits, then take the time to carefully examine your monthly income and your job-related expenses with an experienced SSDI benefits lawyer. A knowledgeable attorney may also help you learn more about the SSA’s Substantial Gainful Activity (SGA) program and how it can impact your earning potential and disability benefits.
How Part-Time Work Can Impact Your Monthly SSDI Benefits
As mentioned above, you are generally allowed to receive SSDI benefits while continuing part-time work. However, it is important to fully understand how your earnings can impact your disability benefits. SSDI benefit recipients who provide part-time work for employers must keep their earnings within the SSA’s SGA parameters.
SGA guidelines allow individuals to gradually test their ability to maintain gainful employment on a part-time work basis without putting their disability benefits at risk. For example, the SSA’s SGA provides a trial work period of up to 9 months. During that period of time, individuals are allowed to try working while still maintaining their SSDI benefits.
Additionally, Social Security employs a concept called an “Unsuccessful Work Attempt,” wherein an individual working even above the SGA amounts can attempt that work. If they are unable to continue that work and are forced to stop in less than six months, Social Security may consider this an unsuccessful work attempt and will not interrupt or terminate benefits. In addition, certain work expenses may be deducted from your total earnings. Examples of deductible expenses include:
- Prescription costs and copays
- Counseling services
- Transportation to and from work
- Personal or job coaching assistance
- Assistive medical devices
A knowledgeable SSDI benefits lawyer can assist you in understanding which work-related deductions are eligible and how those deductions may extend or expand your total earnings. In addition, your SSDI attorney may be able to help you accurately calculate your earnings and allowable deductions to ensure your part-time work does not negatively impact your disability benefits eligibility.
Preserve Your Disability Benefits By Reporting the Following Information
While the SSA generally encourages individuals to return to work, the federal agency also requires individuals to provide them with certain information. You need to inform the SSA of the following:
- You start working
- You stop working
- Your work hours change
- Your employment pay rate changes
- You pay work-related costs due to your disability
In some cases Social Security may be able to partner directly with the payroll provider. If the payroll provider is set up for this relationship, the individual may not be required to report these changes. You should also inform the SSA if you lose your job and are still within your trial work period. If a job loss occurs, your disability benefits might not be impacted at all. If you become unable to work during an extended period of eligibility, your benefits may be reinstated if you are still deemed to be disabled. The extended period of re-eligibility may last up to 36 months from the date benefits would have ceased.
Many of these rules can be complicated. For example, self-employed individuals face entirely different rules that compare their work to that of similar business owners or self-employed individuals in the community who are not disabled. The safest approach for most people trying to work on a limited basis is to keep earnings under SGA amounts. If your situation is different it may be smart to consult a skilled Social Security attorney to go over the facts of your work.
How an Experienced Social Security Disability Benefits Lawyer Can Help
It’s fair to say the Social Security Disability system is quite complex and can be downright intimidating for many people. If you attempt to navigate the SSDI application process on your own, you may wind up feeling overwhelmed by the entire undertaking. This is where an attorney SSDI benefits lawyer can be of service. When you hire a skilled and knowledgeable SSDI benefits attorney, they can help in the following ways:
- Building a strong case for the benefits you qualify for
- Navigating the complex disability benefits application process
- Ensuring you meet the rigid SSDI requirements
- Filing a persuasive appeal if your application was denied
Will I Have to Pay a Large Retainer to Hire an Experienced New Jersey SSDI Attorney?
Generally speaking, no. The majority of SSDI lawyers, including the skilled attorneys with our law firm, work on a contingency fee basis. This basically means that you do not pay anything out of pocket to retain our legal services. Instead, you pay a percentage of any back pay award that is received if, or when, your SSDI application is approved.
In addition, the SSA caps the contingency fee amount to the lesser of 25 percent of a back pay award or $9,200. If you are solely consulting an attorney for advice on work issues and not hiring the attorney to represent you before the agency, the attorney may charge a modest consultation fee for that work and advice. However, the vast majority of cases, where an attorney is hired to help fight for benefits are done on a contingent basis and regulated by Social Security.
The contingency fee system helps ensure people who need legal representation to file an application for SSDI can receive it, even if they do not have the funds to pay an hourly fee or large retainer fee.
Have Questions About Applying for SSDI Benefits? Contact Bross Frankel PA
The prospect of applying for SSDI benefits can be daunting, particularly if you are already dealing with a new or worsening diagnosis. Our law offices will stand by your side throughout the process, helping you avoid some of the most common pitfalls and fighting for your right to disability benefits.
At Bross Frankel PA, we have helped thousands of people get Social Security disability and other types of disability benefits. Our SSDI lawyers have decades of combined experience advocating for people with disabilities in New Jersey and Pennsylvania. To learn more or to schedule a free claim review with a Cherry Hill disability attorney, give us a call at 856-795-8880 or fill out our online contact form.