You can work part-time while your Social Security Disability claim is pending, but doing so could make it harder to qualify for benefits. At The Krebs Law Firm, we want disability applicants throughout Missouri and Arkansas to understand how returning to work could affect their claim before making that decision.
- Part-time work doesn’t automatically disqualify you. Social Security allows some work activity, but your earnings and ability to maintain employment can affect your eligibility for disability benefits.
- Working can make your disability harder to prove. An Administrative Law Judge may question whether someone who can consistently work part-time could also perform full-time employment.
- Earning below the SGA limit doesn’t guarantee you’re safe. Working regularly and earning close to the Substantial Gainful Activity (SGA) threshold can raise questions about your ability to work, even if your earnings remain below the limit.
- Unsuccessful work attempts may actually support your claim. Trying to return to work but being forced to stop because of your medical condition may help demonstrate your inability to maintain employment.
- The 12-month disability requirement matters. Applicants whose disabilities prevent substantial gainful activity for at least 12 consecutive months may qualify for a closed period of disability, even if they eventually return to work.
- Always communicate with your disability attorney. Your lawyer needs to know about any employment, earnings, or attempts to return to work well before your hearing.
- Get legal advice before returning to work. An experienced Social Security disability lawyer can evaluate your individual circumstances and help you avoid decisions that could jeopardize your benefits.
Let’s take a closer look at these main points in more detail.
Can You Work Part-Time While Applying for Social Security Disability?
A common question we hear at The Krebs Law Firm is:
“Can I work part-time while my Social Security Disability case is pending?”
The short answer is yes, but just because you can work does not mean it is the best decision for your disability claim.
In many cases, part-time work can make it much harder to convince an Administrative Law Judge that you are disabled under Social Security’s rules.
Every case is different. Before accepting a job or returning to work, it is important to speak with an experienced Social Security disability lawyer about how working may affect your claim.
Social Security Does Not Automatically Deny Claims Because You Work
Many people mistakenly believe that working any amount automatically disqualifies them from receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). That is not true.
The Social Security Administration (SSA) recognizes that some people with serious medical conditions may attempt to work despite their disabilities. The law focuses on whether you are able to perform substantial gainful activity (SGA) on a regular and continuing basis.
But while the law allows some work activity, the reality is that part-time work often creates problems when your case reaches a hearing before an Administrative Law Judge (ALJ).
Why Part-Time Work Can Hurt Your Disability Case
Think about your disability case from the judge’s perspective.
If the judge sees that you have been working part-time for several months, several questions naturally arise:
- If you can work 20 hours per week, could you work 40 hours per week?
- If you can perform a physically demanding part-time job, could you perform an easier full-time job?
- If you have been able to maintain regular employment, are your medical limitations really preventing full-time work?
Those questions do not necessarily mean your claim will be denied. But they often make your case more difficult to prove.
Social Security disability cases are rarely simple. Part-time work can blur the line between someone who is completely unable to work full-time and someone who still has the capacity for competitive employment.
Disability Is Not Always Black and White
Many deserving disability applicants try to work because they need income.
People have mortgages. They have rent to pay. They have children to support.
Many people would much rather continue working than receive disability benefits.
Unfortunately, judges do not always view these work attempts as evidence of determination or honesty.
Instead, ongoing part-time employment may be viewed as evidence that the claimant still has functional abilities that could translate into full-time work.
That is why part-time employment often “muddies the waters”.
Trying to Work Can Actually Show Credibility
From a practical standpoint, many disability lawyers believe that people who attempt to continue working often appear more credible.
After all, someone who is trying to support themselves is not simply looking for government benefits. They are making an honest effort to remain employed despite serious medical problems.
Unfortunately, credibility alone does not always overcome the concerns created by regular work activity.
Judges must evaluate whether your medical condition prevents full-time competitive employment. Consistent part-time work may make that analysis more difficult.
What Is an Unsuccessful Work Attempt?
Fortunately, Social Security recognizes something called an Unsuccessful Work Attempt (UWA).
An unsuccessful work attempt occurs when someone returns to work but is forced to stop because of their medical condition before the work demonstrates an ability to maintain substantial employment.
Generally speaking, shorter work attempts are easier to explain than long periods of part-time employment.
For example, if someone returns to work for only a few weeks or a couple of months before their medical condition forces them to quit, that may actually support their disability claim.
It demonstrates that they wanted to work but simply could not sustain employment because of their impairment.
On the other hand, when someone works consistently for many months, the judge may begin viewing that employment as evidence that the person retains the ability to perform regular work.
The exact rules regarding unsuccessful work attempts are technical, so you should discuss your specific situation with your disability attorney before returning to work.
The 12-Month Duration Requirement
Another important rule that many applicants overlook is Social Security’s 12-month duration requirement.
To qualify for disability benefits, your medically determinable impairment generally must:
- Prevent substantial gainful activity.
- Have lasted at least 12 consecutive months.
- Be expected to last at least 12 months or
- Be expected to result in death.
This rule can create important strategic decisions.
For example, suppose your medical condition prevented you from working for over a year, but then you improved enough to return to work.
In some situations, you may still qualify for what is known as a closed period of disability.
What Is a Closed Period of Disability?
A closed period of disability allows someone to receive benefits for a past period during which they met Social Security’s definition of disability, even if they later recovered enough to return to work.
For example:
- You become disabled in January 2025.
- Your medical condition prevents work for 14 months.
- You return to work in March 2026.
Because you were unable to engage in substantial gainful activity for at least 12 consecutive months, you may qualify for disability benefits covering that closed period.
Although you would not receive ongoing monthly disability benefits after returning to work, you could still receive a significant lump-sum payment for the months you were disabled.
Every case is different, which is why timing matters.
The Dangers of Working Near the Substantial Gainful Activity (SGA) Limit
One of the biggest mistakes we see in Social Security Disability cases is claimants earning close to the Substantial Gainful Activity (SGA) limit (currently $1690 a month GROSS) while waiting for a hearing.
Although earning less than the monthly SGA amount does not automatically disqualify you from disability benefits, consistently working near that limit can seriously weaken your case.
The Social Security Administration does not simply look at whether your earnings fall one dollar below the SGA threshold. Instead, the Administrative Law Judge will consider whether your work demonstrates that you have the physical and mental ability to perform competitive employment on a regular basis.
If you are consistently working 20 to 30 hours per week and earning just below the SGA limit, the judge may reasonably question whether you are actually capable of working full-time.
Working near the SGA level also creates credibility issues. At your hearing, the judge may ask why someone who is able to maintain regular employment and earn nearly the maximum amount allowed for disability benefits could not perform a less demanding full-time job.
Even if your employer has made special accommodations or you frequently miss work because of your medical condition, those facts must be clearly explained and supported by the evidence.
Another concern is that earnings often fluctuate. A few extra shifts, overtime hours, bonuses, or holiday pay may push your monthly earnings over the SGA limit without you realizing it.
Exceeding the SGA threshold can create additional legal issues and, in some cases, may result in a finding that you were not disabled during that period.
If you are considering returning to work while your disability claim is pending, discuss your plans with your attorney before accepting the job or increasing your hours.
An experienced Social Security disability lawyer can help you understand how your expected earnings, work schedule, and job duties may affect your claim and help you avoid unintentionally jeopardizing your right to benefits.
Never Return to Work Without Talking to Your Attorney
One of the biggest surprises disability attorneys encounter is learning—sometimes on the day of the hearing—that a client returned to work months earlier.
That creates problems.
Social Security judges have access to your earnings records.
They can easily see:
- When you worked.
- Where you worked.
- And approximately how much you earned.
If your earnings records show $10,000, $15,000, or $20,000 in wages while your disability claim was pending, the judge is almost certainly going to ask questions about that employment.
Your attorney needs time to gather the facts, obtain employment records if necessary, and prepare an explanation.
Learning about your work activity for the first time during the hearing puts everyone at a disadvantage.
Honest Communication Is Critical
Never assume that part-time work “doesn’t matter.”
Tell your attorney if you:
- Accepted a part-time job.
- Attempted to return to your previous employer.
- Worked for only a few weeks.
- Earned temporary wages.
- Worked from home.
- Or attempted self-employment.
Even if the work ultimately strengthens your case as an unsuccessful work attempt, your attorney needs to know about it well before your hearing.
Should You Try to Work While Waiting for Your Hearing?
There is no single answer.
Some people truly can attempt part-time work without harming their claim.
Others may unintentionally create significant problems that make it much harder to prove disability.
The right decision depends on:
- Your medical condition.
- Your work history.
- Your earnings.
- The type of work.
- How long you worked.
- And where your disability claim currently stands.
Talk to an Experienced Social Security Disability Lawyer
If you are thinking about returning to work while your SSDI or SSI claim is pending, do not guess about how it may affect your benefits.
At The Krebs Law Firm, we help disability applicants throughout Missouri and Arkansas understand how work activity, earnings, unsuccessful work attempts, and closed periods of disability may affect their Social Security claims.
Before you accept a part-time job or return to work, contact our office for a free consultation. A short conversation now may help protect your disability claim and avoid difficult questions later in the hearing process.
We’re Here To Help
If you need help fighting for your Social Security disability rights, The Krebs Law firm offers free consultations. We can review your situation, help you determine the best course of action, and if you have a case, fight alongside you.
You could handle the matter alone, but the odds of successfully combatting a denial are higher with the help of a Social Security disability lawyer.
The Krebs Law Firm provides free consultations for Social Security Disability claimants, and we don’t get paid unless we win you the compensation you deserve. Set up your appointment with us without delay. You can reach our Springfield office at 417-883-5886 or toll free at 800-345-0535.
A Social Security disability lawyer can help make the process of getting the full amount you’re owed much easier. The Krebs Law Firm offers free consultations, and all it takes is giving us a call today.
Whether you’re making an initial Social Security Disability claim or striving to make an appeal, The Krebs Law Firm knows the ins and outs of the application process and offers free consultations to potential clients. You have nothing to lose by contacting us and everything to gain.
If you seek the help of a Social Security Disability attorney with your claim, the Krebs Law Firm has years of experience in helping our clients receive the full amount of Social Security Disability benefits that they rightly deserve in as timely a manner as possible. We know the ins and outs of the Social Security Disability process and would be happy to work with you.
At The Krebs Law Firm, we fight as hard as we can to help you get the disability coverage you deserve. Call our Springfield office today for a free consultation at 417-883-5886, our Columbia office at (573) 886-8976 or toll free at (800) 345-0535.
Jason Krebs is licensed in both Arkansas and Missouri. Our main office is in Springfield Missouri. Our Harrison Arkansas office is by appointment only. The address is 125 Industrial Park Road Suite E1 Harrison Arkansas 72601. Our local phone number in Harrison is (870) 741-8100. Our Toll Free phone number is (800) 345-0535. You can also send us an email to [email protected].
It can be daunting learning the ins and outs of Social Security Disability benefits, but it’s not a task you need to take on alone. Call on a Disability Attorney from The Krebs Law Firm to help you every step of the way.
We offer a free book on Social Security Disability benefits to Missouri and Arkansas residents. Give us a call today.
The Krebs Law Firm provides free consultations for Social Security Disability claimants, and we don’t get paid unless we win you the compensation you deserve. Set up your appointment with us without delay.