Can I Work and Receive Disability?

Some attorneys tell claimants that they cannot be "working" and receive Disability benefits. This is not completely accurate. You cannot be performing "substantial gainful activity" (SGA) and qualify for benefits. In 2010, SGA is defined as earning over $1,000. If the claimant is working and earnings over $1,000, they generally do not qualify for benefits; however, there are exceptions. For example, earnings don't count if they are "subsidized." Subsidized earnings mean that someone is simply trying to help the claimant and wouldn't pay some else as they are paying the claimant.

Example of Subsidized Earnings

For example, John works for Steve. Steve has known John since he was a small boy. Steve has owned the company for years and has done quite well for himself. He gives John a job and pays him well because he knows that John couldn't support his family without the job. He lets him take frequent breaks and overlooks the fact that John can't really do the job as well as someone else might do it. If John is ill, Steve lets him go home or tells him not to come in. Steve gives John the job because of his long-term friendship, and he wouldn't pay someone else to do the same work as John. This work may be "subsidized." If so, it won't count, and John can still qualify for benefits.