Working While Collecting Disability: When is it Gainful?

In a recent decision after a hearing, the administrative law judge (ALJ) found that part-time work did not constitute substantial gainful activity (social security's term for work that makes a claimant ineligible for disability benefits).  The claimant went back to work after being found disabled by the social security administration.  The judge ruled that the pay earned was subsidized pay and the claimant was still entitled to disability benefits.

The judge found that because the claimant worked for his father's company, where his parents supervised all of his work, this was not substantial gainful activity.  The claimant could not have performed this type of work without his parents' supervision.  The claimant was allowed to walk off the job anytime he felt stressed.  His behavior at work was shown to cause problems with other workers and caused lost business.  The judge found that the work done by the claimant was a subsidy that allowed him to live and survive independently and did not constitute competitive employment.

Therefore, there are certain situations when a claimant can work and maintain an additional 'subsidy' to help them survive, as in the case above.  This is true both while in the application process and after approved for social security disability benefits.  However, not all work is considered a subsidy and the Social Security Administration will most likely deny benefits if they see anything they might consider 'substantial gainful activity'.