How does working affect eligibility for South Carolina Social Security disability benefits?
Greenville South Carolina disability claimants who are working have an additional issue to deal with in their application for Social Security disability benefits.
If you work, either full- or part-time, you can still be found “disabled” for purposes of qualifying for Social Security disability benefits, but the type of work you do, and the amount that you are earning will affect your claim.
The Social Security Administration analyzes the affect of work on your eligibility for benefits in the context of its evaluation of “substantial gainful activity” at the first step of the five-step sequential evaluation process.
“Substantial gainful activity”
“Substantial gainful activity” is defined in two parts:
- Substantial work activity.
- Gainful work activity.
These definitions are that “substantial work activity” is work activity that involves significant physical or mental activities, and “gainful work activity” is work activity that is done for pay or profit.
In the first step of its evaluation process the Social Security Administration asks whether a disability claimant is engaging in “substantial gainful activity.” If the answer is “yes” then that claimant cannot be found disabled and will not qualify for disability benefits.
However, in various other rules and regulations regarding eligibility for Social Security disability benefits, the limits on whether work is “substantial” and “gainful” allow that some levels of work do not constitute “substantial gainful activity” so they do not prohibit the person from qualifying for disability benefits.
How can I tell whether my work in South Carolina makes me ineligible for Social Security disability benefits?
Most Greenville disability claimants who work part-time do not perform jobs that are inconsistent with their disability claims. In fact, working part-time at a job that is consistent with your claim may actually help by illustrating what you are capable of doing and showing your work limitations.
However, there are work situations that result in an inability to qualify for disability benefits.
One of these situations is when the work meets the definition of substantial activity and provides income at an amount computed by the Social Security Administration as being above the gainful activity level. The Social Security Administration’s computation of this amount (including deductions for some items) is somewhat complex, and you may want to consult with a South Carolina disability lawyer to see how to evaluate your situation.
The other situation is when the nature of your job seems to be inconsistent with your claim for disability benefits. For example, if you are under the age of 50, you must prove your inability to do a wide range of sedentary work in order to be found disabled. However, if you are working part-time at a heavy job, the fact that you have the capacity to do a heavy job part-time seems to be inconsistent with a claim that you cannot do a sedentary job full-time. Even if your earnings are not substantial, the work itself may be so inconsistent with your claim that you will be denied disability benefits.
Can I work part-time after I have been found disabled?
If you have already been awarded Social Security disability benefits, it is possible to work part-time and not lose your disability benefits. However, the full answer to this question depends on how much you earn. If your earnings are below the substantial gainful activity amount, then your Social Security disability benefits will neither stop nor be reduced.
Furthermore, the Social Security Administration allows for a trial work period that lets you earn any amount for nine months and still receive full monthly disability benefits. The purpose of this trial work period is to help you test your ability to work without risking having your monthly disability benefits stop.
For more information about working after you have been awarded disability benefits, see Questions about working part-time.
Get help with your South Carolina Social Security disability claim if you are working
The fact that you are working does not prohibit you from qualifying for Social Security disability benefits. However, it does make the process a little more complicated and increases the importance of having advice from an experienced Greenville South Carolina disability lawyer.
If you are not already represented by a South Carolina Social Security disability lawyer and want my evaluation, give me a brief description of your claim using the form to the right. Or you may e-mail or call my office at:
Stephen Yacobi
Greenville disability lawyer
E-mail
Phone 864-242-3271
Fax 864-233-3750
408 N. Church St.
Greenville, South Carolina 29601
