Can You Work While On Disability?

The question of whether you can work while receiving benefits is one of the most common questions posed to a disability lawyer. In general, people who apply for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are required to try working in order to receive their benefits. However, this requirement doesn't necessarily mean that you have to be working in order to receive benefits, and in fact, the regulations that govern SSDI and SSI actually make a clear distinction between the two.

The Social Security Act requires an applicant for benefits to prove that he or she is unable to work "due to" a disability. For SSDI, the term "disability" means "any medically determinable physical or mental impairment of sufficient severity that such impairment(s) can be expected to result in death or has lasted or can be expected to last for a continuous period of at least 12 months." 42 U.S.C. § 423(d)(1)(A). In order to qualify for SSDI, you must be under the age of 65, have earned enough credits to meet the Social Security Act's earnings requirements, and meet the Act's medical requirements. 42 U.S.C. § 423(a), (c). In order to qualify for SSI, you must meet the Act's medical requirements and be either under age 65 or disabled. 20 C.F.R. § 416.202.

SSDI requires that you apply for benefits within twelve months after your application date, but does not require that you be actively seeking employment. 42 U.S.C. § 423(a)(1)(B). The law states that your disability must have begun before your application date, and that the disability must be expected to last for a continuous period of at least twelve months. Id. at § 423(d)(1)(A). Additionally, the law requires that you be currently insured for benefits, meaning that you must have worked for at least ten quarters in the last twenty-four months, and that you be paid wages for substantial gainful activity in order to qualify. Id. at § 423(a)(1)(B)(i).

SSI requires that you apply for benefits within twelve months after your application date. 20 C.F.R. § 416.330. The law requires that you meet the same criteria as SSDI, but the law requires that you be currently insured for benefits, and that you be disabled. 20 C.F.R. § 416.202. If you are currently insured for benefits, you do not need to show that you are actively seeking work. 20 C.F.R. § 416.202.

There are a few things to keep in mind when it comes to your ability to work while on disability. The first is that you don't have to be looking for a job in order to be eligible for disability benefits. It is possible to qualify for benefits without being actively seeking work. The second is that you cannot collect both disability benefits and workers' compensation benefits at the same time. The final important thing to note is that you must still meet the Social Security Act's definition of disability to be eligible for disability benefits. In other words, even if you are eligible to receive SSDI or SSI benefits, you cannot receive both benefits.

In order to determine whether or not you can work while on disability, you will need to speak to a disability lawyer in order to understand the full impact of the Social Security Act and the Social Security Administration's rules and regulations. The process of applying for and collecting disability benefits is complicated, and it's important to work with an experienced lawyer.