Can I work while receiving social security benefits? The Social Security Administration will look closely at the type of work you perform, your daily work routine, and your daily or weekly work hours to determine whether you are disabled. If you are still working and applying for Social Security disability benefits, your application may be denied.
If you need help with Social Security disability benefits in Illinois, contact Ankin Law in Chicago. Our lawyers offer a free case review at 872-529-9377.
What Are the Eligibility Requirements for Disability Benefits?
The Social Security Administration (SSA) handles all disability claims and determines eligibility requirements for receiving disability benefits. If you meet the eligibility requirements, you can qualify for disability benefits under two different programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Each program has its own set of eligibility guidelines and regulations that cover your ability to work while you are receiving disability benefits.
Social Security Disability Insurance (SSDI)
Eligibility for SSDI benefits depends on a credible work history and earned work credits. Your eligibility depends on how long you have worked, how many work credits you have accumulated, and your payment of Social Security taxes. To qualify for SSDI benefits, you must have a work history in jobs covered by Social Security and a medical condition that meets the definition of disability under the SSA guidelines.
Your Work History and Work Credits
Under SSA guidelines, you are required to have a credible work history and work long enough to acquire a certain number of work credits. Based on your wages, you can earn up to 4 credits each year. In 2024, you earn 1 credit for every $1,730 in wages or self-employment income you work in each quarter of the year. When you have earned $6,920, you have earned your 4 credits for the year. To be eligible for SSDI benefits, the 20/40 rule requires 40 credits, 20 of which must be earned within the last 10 years and ending with the year your disability begins.
Your Ability to Perform Work
Under SSA guidelines, you can only receive SSDI benefits for total disability. Benefits are not allowed for short-term or partial disability. To qualify for benefits, you must meet the following 3 conditions:
1. Your medical condition prevents you from performing work at the substantial gainful activity level (SGA).
2. Your medical condition prevents you from performing your previous work duties or adjusting to other types of work duties.
3. Your medical condition has lasted or is expected to last for at least one year (12 full months) or result in your death.
Supplemental Security Income (SSI)
Eligibility for SSI benefits does not depend on work history, work credits, and Social Security tax payments. SSI benefits are determined based on financial needs rather than work requirements. Typically, SSI benefits are paid to low-income individuals who may or may not have a work history. If you meet the low-income requirements, you can collect benefits as long as you are a United States citizen or national with low income and limited resources for living requirements.
SSI benefits are available to adults, including adults over age 65, and children who are disabled or blind with low income and limited resources. Since SSA eligibility requires low income and few resources necessary for daily living, SSI benefits may be impacted by a job, self-employment, and activities that provide income such as Social Security benefits, unemployment benefits, disability benefits, workers’ compensation, pensions, and free food or free shelter. Under SSI conditional disability benefits, total resources must not exceed the allowed limit for benefits.
Are There Rules for Working While Receiving Disability Benefits?
The SSA has strict rules for working when you apply for disability benefits and when you are approved for disability benefits. These work vs. disability benefits rules apply to your ability to perform work, the amount of money you can earn, and your medical condition based on the SSA Listing of Impairments. If your disability is on the list, it can automatically qualify you for disability.
Applying for Disability Benefits
The approval process for SSDI and SSI applications can take 5 to 6 months. If you’re disabled and can’t work, you can experience financial hardship during the waiting period. If you are still working when you apply for benefits, your application may be denied based on your work abilities and your medical condition. Generally, it is best to talk to Social Security disability lawyers before you apply for benefits to make sure you qualify based on the SSA requirements.
To be eligible for SSDI or SSI benefits, you must prove that you are disabled according to the SSA guidelines. If you are still working, your medical condition must also limit you from earning income above the substantial gainful activity (SGA) limit. In 2024, the SGA limit is $1,550 per month, or $2,590 if you are considered blind under SSA rules.
Trial Work Period
You can work while receiving benefits, but you must meet the SSA requirements for substantial gainful activity (SGA). Under the “trial work period,” you are allowed to return to work for at least 9 months and collect your full disability payment. The months do not need to be consecutive, as long as they are within a rolling 5-year period.
During the 9-month trial work period, there is no limit on how much you can earn. In 2024, any month you earn more than $1,110 before taxes will count towards your trial work period. After your 9-month work trial, there is a 36-month period called an “extended period of eligibility” (EPE) where you can work and still get disability benefits. During this 3-year period, you may be able to increase your monthly earning limit to cover some costs through a job subsidy program.
Why You Should Hire a Social Security Disability Lawyer
Filing for SSDI or SSI benefits in Illinois can be a lengthy process. According to statistics from the Social Security Administration (SSA), 60% of disability claims in Illinois are initially denied. By working with Illinois Social Security disability lawyers, you can increase your chances for an approved disability claim.
In Illinois, the Bureau of Disability Determination Services (DDS) handles all disability applications for the state. This includes SSDI claims based on work history and work credits and SSI claims based on low income and limited resources. When filing for SSDI or SSI benefits, a Chicago disability lawyer can be a valuable asset by answering important questions, guiding you through the claims process, and gathering all required documentation:
- Personal Information – Birth certificate, Social Security number, proof of US citizenship, military discharge papers, current or former spouse, children under 18 years of age, banking information, and tax returns.
- Medical Information – Detailed information about your medical condition and history with attending doctors, hospitals, clinics, and medical treatments. Medical records, doctors’ reports, and test results must be included.
- Work History – A list of jobs (up to 5) within the 15 years prior to your disability, information about workers’ compensation, names and addresses of employers for the current and last year, and the amount of money earned for the current and last year.
When you have a disability that prevents you from working, your income is a big concern. It’s important to know the filing requirements and how long you can stay on Social Security disability if your benefits are approved. Your disability lawyer can help you file your claim on time, communicate directly with DDS, and explain when SSDI benefits begin, and how long they continue.
In Illinois, about 37% of initial disability claims are denied. If your application for disability benefits is denied, it’s better to appeal the decision rather than start over with a new claim. Your lawyer can file 3 different types of legal appeals to get your benefits approved: Request for Reconsideration, Request for Administrative Legal Hearing, and Request for Review by the Appeals Council. Each appeal may take up to 60 days, but your chances of approval are better than starting over with a new disability claim. During the appeals process, at least 50% of appeals are successful.
If you need legal help with SSDI or SSI benefits in Illinois, contact us. Our Chicago Social Security lawyers offer a free consultation to review your case. Call us today so we can help you get your benefits approved.
