Can You Work and Collect Disability Benefits?

The decision of whether or not to attempt to work is complicated because it involves consideration of personal, medical, vocational and legal issues. While we could never advise a client whether or not they should try to work while on disability, we will help them make their decision. The most important thing to remember is that trying to work does not in any way lessen your chances of receiving Social Security disability benefits. (See also Advantages of the Ticket to Work Program). There are two basic situations in which someone who is working may still be entitled to benefits:

A client is working part-time on a regular basis, or working sporadically when able

Remember that Social Security defines the ability to work as the ability to work “on a regular and continuous basis”, and further defines work as a five-day week, eight hour a day effort. If someone chooses to only work part-time, that does not mean he or she is disabled. However, a person who cannot work 5 days a week and/or 6 to 8 hours a day because of medical problems can argue, often successfully, that part-time work activity is not "substantial" enough to prevent payment of benefits. (See also How to Work while Remaining Eligible for Disability).

A client has returned to work full-time or is considering a return to full-time employment

Again, returning to work, even full-time, does not necessarily mean that disability benefits will be denied. This is a somewhat complicated area of Social Security disability law, but Social Security will permit a client to work at "substantial" levels for up to 9 months after they have been found disabled (and in some cases, six more after that) before they will question whether or not the client’s benefits should end. (See also Extending the SSDI Trial Work Period).

In cases where a client has already worked full-time for 9 months, or is quite certain that their condition has improved to the point that they will be able to work on a regular basis, it still may be possible to obtain disability benefits, as long as the disabling impairment(s) prevented them from working for at least a 12-month period prior to returning to work; this is called a "closed period" of disability.