Yes, you can work part time while your SSDI claim is pending – as long as your monthly earnings stay below Social Security’s substantial gainful activity (SGA) threshold. Earnings at or above the SGA level can cause a denial at the first step of review, before your medical records are even considered.
You can no longer hold the full-time job you once did, but the bills haven’t stopped. So you take a few part-time hours where you can, just to keep the lights on while you wait on a disability decision.
Then the worry creeps in. By earning anything at all, are you quietly telling Social Security you don’t really need help? It’s a fair question, and a stressful one when every dollar matters. The Social Security Disability lawyers at Silver & Silver in Philadelphia help people sort out exactly how part-time earnings fit into a pending claim, so a paycheck doesn’t become a reason to second-guess yourself.
What Social Security Actually Looks At
Social Security Disability Insurance, or SSDI, is for people who worked long enough and paid Social Security taxes and now cannot do substantial work. Some part-time work, on its own, does not automatically end your claim. What counts is how much you earn and what that earning level suggests about your ability to work.
Social Security measures this with a threshold it calls substantial gainful activity, often shortened to SGA. SGA is a monthly earnings amount that the agency updates each year.
If your earnings sit below that line, part-time work generally does not, by itself, mean you are no longer disabled under the rules. If your earnings reach or pass that line, Social Security usually reads it as a sign you can do substantial work, which can stand in the way of approval.
Where Part-Time Work Fits in a Pending Claim
When you first apply, your earnings get screened right away. Social Security uses a five-step process to decide a claim, and the very first step asks whether you are already doing substantial gainful activity. If you are, the review can stop there before anyone looks at your medical records.
The agency generally counts your earnings, but certain work-related costs tied to your condition may be subtracted before your income is compared to the SGA line. The way your hours, your pay, and the nature of the work get described can shape how a reviewer reads your file. The Social Security Disability lawyers at Silver & Silver in Philadelphia can help you understand how your part-time income may be counted while your claim is still pending, so nothing gets misread.
After an Approval Comes A Different Set of Rules
Working while you wait and working after you are approved follow two different sets of rules. While your claim is still pending, the SGA earnings screen is what applies.
The work incentives people have heard about, like the trial work period and the extended period of eligibility, are something else entirely. Those programs let people who are already receiving SSDI test a return to work for a stretch without losing benefits right away. They do not apply to applicants who are still seeking a decision.
The two are easy to confuse, and the mix-up can be costly. If you assume you already have a trial work period before any approval, you might earn more than you should during a pending claim and undercut your own case. The team at Silver & Silver can walk you through which rules apply to your situation right now, and understand your continuing eligibility.
Getting Clear Answers While You Wait
Waiting on a disability decision is hard enough without wondering whether a few part-time hours might undo months of effort. You deserve a clear answer about what you can earn, and you don’t have to figure it out alone while the rent comes due.
That uncertainty about money and the future is something Silver & Silver has helped people through for 45 years. The firm’s Social Security Disability attorneys assist clients across Pennsylvania and New Jersey in pursuing the benefits they have earned. Silver & Silver also handles personal injury matters in Pennsylvania. If part-time work has you uneasy about your pending claim, let our team help you understand where you stand before you make a decision you can’t take back. Contact us to learn how we can support you.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
