What are the rules about working while at the same time applying for Social Security disability. Some of the rules are very clear, while others not so much.
Let’s start with the “bright line” rules. Social Security defines disability in terms of how your medical or mental health issues prevent you from engaging in something called substantial gainful activity (“SGA”) because of a medical condition or conditions that have lasted or are expected to last twelve consecutive months or result in death.
As you can see SSA’s definition of disability does not focus on your diagosis – instead it focuses on how your medical problem would impact you in a work setting. I frequently get emails from potential clients asking “do I qualify for disability” due to my:
- herniated disc
- diabetes
- severe depression
- PTSD
- congestive heart failure
- multiple sclerosis
- fibromyalgia
My answer is always the same. You do not win disability based on your diagnosis – you only win if the medical records proves that because of your medical issues you would not be able to engage in SGA. To put this another way, SSA’s focus in a disability case is on your capacity for work, not your medical condition alone.