Should I Get A Job?
I just got off the phone with a client who informed me that, due to dire financial straits, she is going to get a job. Then she asked , " how will that affect my case" ? The question is common ( I get asked it several times a week) and it seems simple enough.
But, the answer is a little complicated. First, social security (SSA) defines disability as being unable to work. So, if one is working, it’s difficult, if not impossible, to prove one cannot work. Having said that, not all work counts as work. So, when is work not work? Unfortunately, there isn’t a black and white answer to that. But, there are some guidelines. In 2008, if you gross $940.00 or more per month(gross, not take home pay), it is considered substantial gainful activity. If you perform this job for 3 months or less and have to stop due to an impairment, it is usually considered an unsuccessful work attempt. If you do this job for 3-6 months and have to stop due to your impairments, it will probably be counted as an unsuccessful work attempt. But, beware, if you are deliberately keeping the hours down so your earnings will be under the $940 limit, then SSA may find that you are working. Or if you stop working due to reasons other than your impairment, SSA may consider the work to be substantial gainful activity. There are more regulations regarding this issue so, if you are considering a return to work, you should discuss the matter with your attorney.
If you are really able to work, you are almost always better off working. And, if there was a period of, at least, 12 months where you were unable to work, you can request a closed period of disability. That means you can get benefits for the period of time when you were unable to work.
The most important thing to remember is let your attorney know if you are planning on going back to work. That way you can make an informed decision.
To learn more about social security issues please see social security disability law and click on the social security tab. To learn more about our social security disability lawyers, click onsocial security disability lawyers maryland and read our bios on Dory Sutker or Suja Varghese.
