This question actually comes to me alot and it is a tricky question that really doesn’t warrant a “YES” or “NO” response. Since I’m an attorney, I gotta give you the text book response of “IT DEPENDS”.
Here’s how the scenario usually plays out. You find yourself in a position where you are working a job but you are struggling because of your medical condition. So you start to consider what would happen if you apply for Social Security benefits. You go and talk to your doctor and your doctor encourages you to apply for benefits. Here’s where the story begins. What do you do now? You are still struggling with your job but you need the money. You want to apply but you don’t know if you can wait. So what do you do and how should you proceed?:
1) Question 1, Are you still working? This question is usually the FIRST thing Social Security will asking because the First inquiry into the Social Security process is ‘Are you performing Substantial Gainful Activity?’. Now, Substantial Gainful Activity (or SGA) is normally based on the amount of money you earn. Social Security using a variety of different to determine SGA but let’s say that you (as a non blind individual) was making about $1100 a month. Now, I know you are saying “No one can live on that” but that’s not relevant to the disability process. In accordance with the Social Security guidelines, for 2009, anything over $980 is considered SGA. In other words, you may make too much money unless you can show that you are working under special circumstances.
2) Question 2, Are you working under special circumstances? You now have to ask yourself the question “how are you coping to your working situation?”. How many days are you missing from work? Is your boss cutting you some slack or some leeway? Do you have someone helping you? Are you getting paid even if you’re not working?
3) Question 3, are you out of work for 12 months or more? Part of the regulations requires you to determine if your condition keeps you out of work for 12 months or more OR can reasonably expect to keep you out of work for 12 months or more. Remember, your medical condition has to be the basis for your inability to work at SGA level.
4) Question 4, is your MEDICAL CONDITION keeping you from working? Sometimes, I have had people tell me “Oh, I’ll just quick or reduce my hours in order to get under the SGA level”. AAAAAAAAAA!! WRONG ANSWER!! If you are merely lowering your hours to get under the level BUT you can still WORK at the level you were before, SSA is probably going to assume that you can work at that level. The question is “Has your medical condition caused you to reduce your work load”.
The toughest part of this analysis is when people ask if they should stop working. I can’t tell you that but you do need to be aware of a few things:
1) If you decide to stop working, be prepared to wait. The Social Security process is long and tends to take a while so please don’t think that once you apply, you will see results right away.
2) Be prepared to explain your work. If you stop working and apply right away, SSA is going to want to know what happened that caused you to stop working.
3) IF you decide to go back to work while the case is pending, it MAY have an effect on your case. How much of an effect? You can’t really tell. It depends on the circumstances of the work. If you go back and try for a few days or weeks, the work may be considered an Unsuccessful Work Attempt. However, without more information, it is difficult to tell.
The Social Security Disability process is not easy and alot of good people find themselves trying to decide what steps to take when they are unable to work at they normally do. Evaluate all of your circumstances and, if you have any questions, ask.
