You have been out of work for quite some time based on your disability and are still waiting to get approved for Social Security disability benefits. Due to being out of work for so long, you are having trouble making ends meet and supporting yourself and/or your family. You are considering trying part-time work, but you are wondering whether that part-time work will hurt your disability claim.
You are right to think that going back to work, even if it is only part-time, will hurt your Social Security Disability claim. Although it makes perfect sense that you need some kind of job and income in order to support yourself, doing this may jeopardize your claim for disability, and here’s why:
When SSA Judges or Adjudicators see that you have been working part-time, they tend to think that you might be able to work full-time of you took some other less demanding position. Additionally, they will look at the type of work you are doing, and if they understand it to be strenuous in any way whatsoever, they may conclude that you could do a less strenuous, easier full-time job and would therefore not qualify for disability benefits.
As much as you want to take that part-time job, I highly recommend that you consult with your attorney to see how it might affect your disability claim. Remember, SSA adjudicators and Judges have access to earnings records, so when your hearing rolls around, the Judge trying your case will see your earnings and it will essentially be a red flag in the Judges eyes. I have seen so many cases in which part-time work resulted in either A) a claim being denied or B) an onset date being amended (meaning that the onset date of disability was determined by the Judge to be later than when you actually became disabled, meaning you get less money).
Possible solutions to the part-time problem:
One solution is to argue for a “closed period of disability.” As long as you were out of work for at least a year prior to going back to full-time work, your lawyer may be able to win disability benefits on your behalf for the time period you were out of work. This “closed period” approach works when you were out of work for at least one year but then went back to either part-time or even full-time work after.
Another possible solution is to just do that part-time work for a short amount of time – say, 3 months or less. Then, when the Judge trying your case takes a close look, he or she will consider it an “unsuccessful work attempt” and not necessarily a return to work. once you hit that 3-month mark, though, that’s when it looks more and more to the Judge like you are able to maintain regular employment.
Remember, winning disability benefits is essentially proving that based on your disability, you cannot engage in work activity. So if you are disabled and your hearing is coming up, do yourself a favor and try to stay out of work. Hopefully your patience will pay off and those Social Security Disability benefits will provide the financial relief you need.
