Income and Disability

There are some circumstances where a disabled claimant can receive Social Security Disability “SSD” benefits even though they are also receiving an income. If the income is not from work activity, then that passive income will not preclude SSD benefits. If the income is from work activity, but is below substantial gainful activity (“SGA”), then SSD benefits also are not necessarily prohibited.

An administrative law judge (“ALJ”) is required to determine if you are engaging in SGA. Therefore, if there is any indication in your earnings record or otherwise that you have income after your alleged onset date (“AOD”), then the ALJ needs to make that determination. In some cases, whether a claimant is working and is exceeding SGA levels may be the only issue that the ALJ needs to decide. Practically on a daily basis, articles are being written about the waiting time for an ALJ to hear an SSD appeal reaching at an all time high.

I recently avoided a hearing by providing the ALJ’s hearing office with a letter explaining that the claimant’s post AOD earnings reflected Short Term Disability benefits that she received through her employer. After receiving that letter, the ALJ approved the claimant’s application without the need for a hearing.