Has Anyone Ever Won Their Social Security Disability Benefits While They Had A Job?
Recently, I came across a very simplistic answer to this question on a disability forum.
The individual who asked the question also stated: “I was working in construction at the time and they rejected me the first time. Then they noticed my injury, so I said I lost my job because of my new disability, I need the benefits, and I need the money. Beyond my drama, I have been receiving Social Security since.”
First, its pretty obvious that Social Security does not award disability benefits simply because someone claims to have a disability. Substantiation through medical record documentation is a requisite. And an individual's need for money and benefits, though natural and normal, is not a consideration in the evaluation process..
Secondly, not all injuries are considered severe enough to qualify for Social Security disability programs. For instance, even if an individual has a severe injury, if the individual is expected to recover in fewer than twelve months, they will be denied for disability on the basis of durational requirements.
The Social Security definition of disability holds that a claimant must have a mental or medical condition that has prevented them from performing substantial gainful work activity (each year, Social Security determines a monthly earnings limit that it considers to be substantial gainful activity (SGA) and if an individual earns more than that amount their claim will be denied no matter what their injury or condition may be) for twelve months, or is expected to prevent them from performing SGA for twelve continuous months.
Thirdly, an individual does not have to cease all work activity when filing for Social Security disability or Supplemental Security Income disability. Even if an individual is working but they are working less hours and not earning over the monthly SGA amount, they may still qualify for disability should they be determined to be medically disabled.
If an individual has applied for both Social Security disability and Supplemental Security Income (SSI), or just SSI disability alone, they may have to meet other resource and income limits to qualify for SSI disability benefits.
Lastly, yes, some individuals have won their Social Security disability benefits while they had a job. However, these individuals had to meet all medical requirements to be found medically disabled and their work earnings have had to be under the SGA monthly limits to be eligible for Social Security disability.
Basically, the intent of this individual's question can be addressed in this fashion:
1) If you are working and earning at least a substantial and gainful income when you apply for disability, you will be denied on the basis of SGA.
2. You can apply for disability if you are working as long as your earnings are under the SGA limit for that year.
3. Keep in mind, however, that the disability process is to some extent subjective; meaning that even if your earnings are under the allowable limit, the mere fact that you are working while you apply for disability may influence the outcome of your case either at the disability hearing level or one of the earlier levels in the process.
Return to the Social Security Disability SSI Benefits Blog
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Will Social Security Award Me Disability If I Don’t Have Enough Work Credits?
What is SSI Disability Pay Based On?
What is the definition of disability used by Social Security for a child?
Social Security Definition of Disability

2 Comments:
I tried 2 times while I was working, but I was earning way above the SGA, and didn't really understand why I was rejected...my disabilities were severe, but I worked extra time to accommodate for them..this nearly killed me, literally. The third time--I got laid off from my job, and I applied a few weeks later for SSDI. This time, despite I had some improvement in my disabilities from the 2nd time I applied, I received it. It worked out great, because my unemployment ran out the same month that I started receiving SSDI. I didn't think so at the time, but the best thing that could have happened to me then was to be laid off.
It's like that in all government programs though...if you try your hardest to overcome, work hard despite the obstacles, and try to work to the best of your health and disability, the government denies or reduces benefits!!! Yet, if you don't want to work..here come the benefits.
I am trying to reform Michigan's Freedom to Work program to little success. It's another that rewards not working or trying to the best of your abilities and health. If you are on SSI, you automatically qualify for full Medicaid and Freedom to Work Medicaid, allowing you to earn up to $75k and keep Medicaid for free or low cost. Yet, if you are on SSDI with its amount being over the poverty level, you are on a spend-down. This spend-down brings you down to $335 in "living expenses" (no matter what your actual expenses are)and you are allowed $85 of earnings. Any money earned over the $85, raises the spend-down dollar for dollar earned. So at the most, if you have high medical needs and need to use Medicaid and are not institutionalized, you are limited to a combined $420 a month!!! And you have a huge pile of paperwork each month.
There are reform bills in the MI legislature to reform this, but there are no monies left to fund the bills, despite strong bipartisan support to end the inequality. Michigan did what a few other states did and took the increased FMAP (federal share of Medicaid) monies from the ARRA (federal stimulus)), and through "creative" bookkeeping funneled the money ($866 million this year, $950 million next year) into the state's general fund to balance the state's budget.
And then they cut Medicaid services also, i.e. dental, vision, medical transportation, mental health, etc. last week, under the Governor Granholm's executive order.
I have been livid for weeks on this happening, but nobody seems to understand what I am talking about!!!!! Sometimes, it sure is hard to be intelligent :)
Anyways, what is your opinion on this? Do you have any ideas how this could be addressed? It's so related to disability.. Oh, also the governor's executive order cut a good deal of funds from the Disability Determination Service...
Good luck on anyone in Michigan getting their SSA applications through in the next few years...
Ugggh.. I dislike when the medically needy, especially the disabled, are used by "able bodied" people.
Lovey, thanks for the detailed comment, and the information. I'm currently out of town, but I'll try to respond to what you mentioned when I'm back home.
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