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Easter & DeVore – Knoxville Attorneys for Working While Your Disability Claim Is Pending

Social Security Disability Attorney in Knoxville, TN

Social Security Disability Form

If you have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and are waiting for a decision, you might be wondering if it’s okay to work in the meantime. The financial pressure during this time – which can last from a few months to over two years – is significant. You need income, but you also worry that earning any money might automatically end your claim. The truth is more complex, and expert guidance is essential.

At Easter & DeVore, our team in Knoxville, Tennessee, helps clients navigate this challenging question and make smart decisions that won’t jeopardize their eligibility for benefits.

    Need Help Now?

    Step 1/7

    Have you applied for Social Security benefits?

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    What is your primary disabling condition?

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    When did this condition affect your ability to work?

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    Are you currently working?

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    What is your age?

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    What is your name?

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    Please provide us your phone number and email address.

    Understanding Substantial Gainful Activity (SGA)

    The Social Security Administration (SSA) uses a standard called “Substantial Gainful Activity” (SGA) to determine whether someone is disabled. If you work and earn more than a certain amount each month, the SSA may decide that you can work and therefore are not eligible for benefits. It’s important to understand that SGA refers to earnings, not just work. The SSA also takes into account the nature of your work when making its decision. Even if your income is below the SGA limit, it may still be considered if the work contradicts your claimed disability status.

    As of 2024, the monthly SGA limit is:

    • $1,550 for non-blind individuals
    • $2,590 for blind individuals

    These figures represent your gross earnings before taxes. If your income exceeds these amounts, your application may be denied at any stage – initial application, reconsideration, or hearing – even if your medical condition has not improved. It’s important to note that SGA limits are adjusted annually. For SSI applicants, there is an additional layer: countable income from work reduces your SSI benefit dollar-for-dollar after the first $85. This makes financial planning even more crucial.

    • Devin’s office has been a lifeline at the most challenging time of my life and has provided the best practices in facilitating my SSDI claim with urgency and compassion.

      Matthew


    Read More Testimonials From Our Clients!

    The Risks and Nuances of Working Below the SGA Threshold

    Yes, you can continue to work while your application is pending, as long as your income remains below the SGA (Social Security Disability Insurance) limit. Many people engage in part-time employment in order to meet basic needs while they wait for a decision. However, even part-time work can raise questions with the Social Security Administration (SSA).

    They may conduct a thorough analysis, asking questions such as: Is this work “make-work” or a family arrangement? Are you receiving special accommodations, such as extra breaks, the ability to take naps, or unlimited absences, that would not be allowed in a regular job? Does the simplicity of your tasks suggest that you have a greater level of functional capacity than what you claim?

    If the SSA believes that your work activity indicates the ability to perform full-time work or contradicts the limitations you have stated, your claim may be delayed or denied. An examiner or judge may argue that if you are able to work 15 hours per week in a simple job, you may be able to adjust to a full-time, simple job. In these cases, it is important to seek legal advice to frame your work experience as a struggle that demonstrates your limitations rather than evidence of your ability.

    Trial Work Period (TWP) Considerations

    A common source of confusion for people is the difference between continuing to work on a pending claim and working after benefits have been approved. If you are already receiving Social Security Disability Insurance (SSDI) benefits and want to return to work, you may be eligible for a trial work period (TWP). This is a period of time during which you can test your ability to work while still receiving benefits.

    The TWP allows for nine months (not necessarily continuous), where you can earn over a lower “trial work” threshold ($1,110 in 2024), without affecting your SSDI payments. This applies only after benefits start, but it’s important to understand how working can affect your long-term eligibility. After the TWP ends, you enter an extended period of eligibility (EPE), where your benefits can be restored without a new application if you fail to find work.

    For SSI recipients, there is no formal TWP, but the SSA (Social Security Administration) offers work incentive programs such as Plan to Achieve Self-Support (PASS), which can help shield some income and resources. These rules differ significantly from those for SSDI (Supplemental Security Income).

    Reporting Work Activity

    If you choose to work while your claim is pending, it’s absolutely essential to report your working hours to the SSA promptly and in writing. Failing to do so may result in overpayments, delays, or allegations of fraud. Transparency is your best protection. We recommend clients create a dedicated folder for work-related documents. Keep detailed records of:

    • Your employer and job duties
    • Hours worked each week
    • Monthly earnings
    • Any job-related accommodations

    • Mr.DeVore and his team done a marvelous job at getting my disability and it was done in a timely manner words can’t say how much I appreciate them I highly recommend them to everyone what amazing job and well done thank you all so much.

      Angela

    Speak to an Attorney Before Working

    Before starting a new job while your disability claim is pending, it’s best to consult with an attorney who understands Social Security Administration (SSA) rules and Tennessee-specific considerations. A misstep can provide the SSA with an easy reason to deny your claim: “You’re working.” At Easter & DeVore, we provide concrete guidance such as:

    • Advising on a safe weekly hour and earnings cap to stay well below the SGA and create a buffer.
    • Assisting you in documenting the job as a “failed work attempt” if you are unable to sustain it, transforming potential negative evidence into proof of your disability.
    • Writing a clear, proactive letter to the SSA reporting your work activity, which we will submit directly to your claim file.
    • Preparing you for explaining this work at a hearing, presenting it honestly as a necessary but challenging effort that highlights your limitations rather than your abilities.

    We can help you decide whether it’s advisable to work, and make sure that any work you do is properly documented and reported in order to protect your claim.

    Learn More About Social Security Disability

    Contact Easter & DeVore

    If you are considering working while your Social Security disability claim is pending, or if you have already started part-time work and need legal advice, please contact Easter & DeVore in Knoxville, TN. The decision to work while on disability can be risky, but it may be a necessary financial choice. Don’t face this difficult decision alone. We can help you understand your options, ensure compliance with SSA regulations, and protect your benefits.

    Contact us to schedule a consultation and let us help you develop a plan that meets your immediate financial needs and protects your long-term benefits. Schedule a consultation today!

    Common Pending Claim FAQ

    Can I work while my disability application is pending?

    Yes, but with strict limitations. Your earnings must stay below the Substantial Gainful Activity (SGA) threshold, which is $1,550 per month in 2024 for non-blind applicants. Exceeding this amount will likely lead to a denial, as the SSA may deem you capable of full-time work.

    What counts as “earnings” toward the SGA limit?

    The SSA counts your gross wages before taxes, plus the value of any “in-kind” compensation like free meals or lodging. It does not count impairment-related work expenses. We can help you calculate your countable income to ensure compliance.

    Will any part-time work hurt my chances of approval?

    Even if you earn under the SGA limit, the type of work can raise questions. The SSA may argue the job shows an ability to perform “substantial” activity. Consulting with an attorney before starting work is crucial to assess the risk to your specific claim.

    What happens if I start working and don’t report it to the SSA?

    Failing to report work is a serious mistake that can lead to accusations of fraud, denial of your claim, and demands to repay any benefits you later receive. Transparency is critical. We advise on proper reporting procedures to protect your case.

    I’m on SSDI and want to try working. Is that different?

    Yes. Once approved for SSDI, you can use a 9-month Trial Work Period (TWP) to test your ability to work while keeping full benefits. This is separate from the rules for a pending claim. We can explain how the TWP and Extended Period of Eligibility work.

    Should I just avoid all work until I get a decision?

    Not necessarily. For many, some income is essential. The key is strategic, limited work. We help clients weigh their financial need against the risk to their claim and develop a plan that minimizes the chance of a denial based on work activity.

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