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In these desperate economic times, the long wait for a Social Security Disability hearing, can make the difference between eating, getting medical care, or even losing your home. With little money coming in, a lot of people wonder how to pay for rent, utilities, and groceries and wonder whether or not they should get a job.
The Social Security Administration’s definition of disability looks at whether or not you have or are likely to miss twelve consecutive months of employment because of your impairment. Attempting to work while your case is pending may be a problem depending on how long you work. If you stay at a job for more than three months, the Social Security Administration thinks that you have the capacity to perform what is called “substantial activity.” If you try to work here and there the judge will see that as an unsuccessful work attempt.
Don’t think the judge won’t know about your attempts to find a job because they will get wage earnings from any employer you have worked for. If you earn more than $1040 per month before taxes in 2013 you are engaged in substantial gainful activity. If you limit your hours or see pay below minimum wage so that you stay below the SGA levels, the Social Security Administration will consider that fraud. You will risk being prosecuted for social security fraud.
You also have to be careful with the work activity that you do which may be light work such as a clerk or dispatcher, may suggest that you have the ability to work full time at a lesser exertion level. They aren’t any good answers to this situation and I suggest that you discuss any attempt to return to work with your Social Security attorney so that the advice you get is relevant to your case.
Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-477-3263.