Should I Try to Work?

Seeking Disability Benefits? Considering Going Back to Work?

Many people who are applying for Social Security disability (SSD) and SSI benefits would like to go back to work if possible, but are not sure how an attempt to work will affect their chances of eventually getting approved for benefits.

At The Law Offices of Kenneth Hiller, PLLC, we advise clients in Buffalo, Rochester, and Syracuse, and throughout western, central and upstate New York on their work options while they are pursuing SSD. Contact us to set up a free consultation with a knowledgeable lawyer.

Understanding the General Impact of Work on SSD Claims

The first thing you should do when deciding whether you should try to work is consult your doctor. If he or she tells you that attempting to work would be detrimental to your health, you should probably take that advice.

If, on the other hand, your doctor says that trying to work will not hurt you medically, it can have several benefits when it comes to your Social Security claim.

  • If you are successful at holding down a job, you will probably be making more money than you could get through SSD. Also, you may still be eligible for SSD benefits for any time you spent away from work, as well as up to nine months after you return to work under SSA’s Trial Work regulation.
  • If you are unsuccessful at holding down a job, that can strengthen your case by showing the Social Security Administration that you tried to work but were not able to. Also, you may still be entitled to benefits for the unsuccessful work attempt period.

Generally, we do not discourage anyone from trying to work while pursuing a claim for disability benefits. However, every case is different, so it makes sense to consult a lawyer.

Looking at the Facts of Your Case to Make a Recommendation

Our attorneys will advise you on how attempting to work is likely to affect your Social Security claim, based on your current status in the claim process, your specific medical limitations and the possible financial consequences of your different options.

To talk to an experienced attorney before attempting to go back to work while applying for disability benefits, contact us today.