The Affects of Working During a Pending SSD Appeal

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You can work while your Social Security Disability claim is pending, but only a minimal amount. You can work twenty to twenty-five hours a week and make up to one thousand seventy dollars gross per month while your Social Security Disability appeal is pending. Even though I know people are in severe financial distress and get any kind of work that they can just to pay for food and housing I strongly discourage my disability claimants from doing any kind of work during their Social Security Disability appeal.  This is because that work activity, even though it is part-time and under substantial activity level, can come back to bite them at the hearing.  The judge might look at that work activity as indicating that the claimant can probably work full time.

Now that is especially true if someone is filing a claim based on a disability including physical pain and yet the job that they are doing part-time and making under one thousand seventy at, involves physical exertion such as mowing lawns or landscaping.  It is likely that the judge will say, “well if you can do that job for twenty hours a week what is to stop you from doing a physically easier sedentary job full time?”  So the answer to the question is that you most certainly can work and make up to one thousand seventy dollars gross per month while your Social Security case is pending and being decided. However I urge you to do as little work as possible even though there is extreme financial stress involved.

If there is any way you can avoid work activity please try to avoid doing so it won’t hurt your credibility at hearing.  Finally if you have done less than substantial, gainful activity during the appeals process I will need to address that at hearing by having you testify that the work was in no way comparable to competitive employment and there were accommodations provided to you.

This short informational blog post was provided by Anne Howard, an experienced Connecticut Social Security Disability Lawyer. Please contact The Law Office of Rosenstein & Howard to set up a free initial consultation.