If you draw disability can you work

Can I Work & Receive Social Security Disability Benefits?

If you are currently receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits, you must comply with strict rules regarding your employment. Generally speaking, you cannot work while receiving Social Security disability—but there are some exceptions.

As of 2021, you can earn up to $1,310 per month and still receive SSDI benefits.

There is no limit to unearned income, such as your spouse’s earnings, inheritances, gifts, etc. associated with SSDI. Understanding your options and your rights can help you avoid a mistake that could cost you your benefits. Since 1922, Handler, Henning & Rosenberg LLC has served the hard-working people of Pennsylvania, fighting for the fair treatment and benefits they deserve when they are disabled and cannot work. Federal and state benefit programs are in place to help those who cannot support themselves, and our attorneys believe in upholding the principles upon which SSDI and SSI were founded.

To find out how we can help you, call (888) 498-3023.

What Are the Rules For Working While on SSDI?

If you can work and earn money to make a living, you might not be eligible for SSDI or SSI benefits:

• SSDI benefits are for people who have medical/mental conditions that prevent them from working. These benefits are available to people who have worked long enough and recently enough to qualify.
• SSI is for disabled people based on financial need. Recipients cannot earn more than a certain amount of money nor possess more than a certain amount of property ($2,000 in Pennsylvania, excluding their home and usually their car) to qualify.

You can work while receiving Social Security retirement or survivors benefits, however.

Substantial Gainful Activity (SGA) & Disability Benefits

As mentioned above, eligibility for SSI and SSDI is based on your inability to work. This is specifically defined by the SSA as a substantial gainful activity, or SGA. Earning more than a certain amount of money is deemed engaging in a substantial gainful activity, which would make one ineligible for benefits. As of 2020, the substantial gainful activity limit is $1,260 per month for disabled applicants.

If you earn more than that, you may not be eligible for SSDI. There is no limit on unearned income.

Social Security Work Incentives

The SSA offers incentives to help people on SSDI or SSI get back to work, without jeopardizing their current benefits. These incentives include:

• A nine-month trial work period where you can still receive full Social Security benefits, regardless of how much money you’re earning, as long as your reporting your work to the SSA.
• An extended 36-month eligibility period where you can receive Social Security benefits for any month that you earn less than $1,260 (as of 2020).
• Expedited reinstatement, which includes a five-year period where you can request for the SSA to restart your benefits if your disability prevents you from continuing to work, without having to go through the entire application process again.
• An extension of Medicare coverage for at least 96 months after your 9-month trial work period, if your Social Security Disability benefits have ended due to your earnings, but you are still disabled.

For more information, call (888) 498-3023. Our attorneys serve disabled clients in York, Lancaster, Hanover, Harrisburg, Carlisle, Schuylkill County, and the surrounding communities in Pennsylvania.

Introduction

If you are getting certain disability payments you may be allowed to work or attend training and keep your payment. People getting Illness Benefit and Invalidity Pension cannot work (except for unpaid voluntary work). They must transfer to the Partial Capacity Benefit scheme if they wish to work.

If you are getting a means-tested payment, your income from work will be assessed in the means test. However, some of your income from work is not assessed.

The Department of Social Protection (DSP) has produced a Benefit of Work Estimator tool on welfare.ie for people getting Disability Allowance, Blind Pension, Invalidity Pension or Illness Benefit. This can help you to assess the financial consequences of taking up work or claiming Partial Capacity Benefit.

Budget 2023

It was announced that people who get Disability Allowance, Invalidity Pension or Blind Pension will get a once-off payment of €500 in November 2022.

From January 2023, the maximum rate of weekly social welfare payments will increase by €12 with proportional increases for people on reduced rates of payment. The weekly rate for a qualified child will increase by €2 from €40 to €42 for children under 12 years of age. It will increase by €2 from €48 to €50 for children aged 12 years and over.

From January 2023, the earnings limit on Disability Allowance and Blind Pension will increase by €25 from €140 to €165.

Employment and disability payments

Social assistance (means-tested) payments: Disability Allowance and Blind Pension are means-tested disability payments. If you start work, you must notify the DSP and provide proof of your earnings (a pay slip, your contract of employment or a letter from your employer). You do not need to have been getting your payment for a minimum period of time before you can take up work. You may keep your Disability Allowance or Blind Pension if your income is below a certain level.

If you leave your new job, you should contact the DSP and your Disability Allowance will be quickly re-instated at the appropriate rate.

Income from work

To qualify for a means-tested payment your income from various sources is examined to see whether it is under a certain level. Some earnings from work are not taken into account in the assessment of your means and do not affect your payment. For Disability Allowance and Blind Pension, earnings of up to €140 from work (either as an employee or as a self-employed person) are not taken into account at all in the assessment of means. (The means assessed are your gross earnings less PRSI, any pension contributions and any union dues. You cannot deduct income tax or income levies.)

If you earn more than €140 per week from work, half of your earnings between €140 and €375 are not taken into account in the Disability Allowance and Blind Pension means test.

Disability Allowance: all earnings from work over €375 are assessed as income and your entitlement to Disability Allowance will be reduced in line with the appropriate reduced rates of payment for Disability Allowance. If you are getting payments for a qualified adult or qualified children your means from work are deducted from the family rate that applies to you.

Blind Pension: all earnings from work over €375 are assessed as income and your entitlement to Blind Pension will be reduced in line with the appropriate reduced rates of payment for Blind Pension.

There is no restriction on the number of hours you can work.

Social insurance payments: Invalidity Pension and Illness Benefit are social insurance (PRSI-based) payments. You cannot work while you are getting these payments (with the exception of voluntary unpaid work).

If you have been getting Invalidity Pension or Illness Benefit (for at least 6 months) you can apply for Partial Capacity Benefit, if you have a reduced capacity to work. The work does not have to be rehabilitative. You may have to pay income tax on your total income. Exemptions for rehabilitative work are no longer available.

Occupational Injuries Benefit Scheme and rehabilitative work

Injury Benefit is one of the benefits available under the Occupational Injuries Scheme. If you are getting Injury Benefit you can do light voluntary work. You can also do part-time work which is part of a treatment or charitable in character (provided you do not earn more than €50 a week) without permission. However, if you wish to do other rehabilitative work or a training course you must get written permission from the DSP (called an exemption) before starting. Exemptions allowing a person to work are not normally granted within the first 26 weeks of Injury Benefit.

Incapacity Supplement is paid to people who are getting Disablement Pension and who do not qualify for any other disability payments. You can work provided you do not earn more than €33 a week on average. However, if you wish to do other rehabilitative work or a training course you must get written permission from the DSP before starting. Initial requests for an exemption to do training courses are automatically granted but subsequent requests are referred to a DSP medical advisor. If you wish to take part in a Community Employment Scheme, you cannot retain your Incapacity Supplement but you can retain your Disablement Benefit.

People getting Disablement Pension (without another payment) can work (full- or part-time) and do not need permission from the Department.

Employment schemes and other payments

People getting Disability Allowance can qualify for the Rural Social Scheme (if they are actively farming or fishing).

People getting Illness Benefit, Invalidity Pension, Disability Allowance, and Blind Pension can qualify for Community Employment.

People getting disability payments are not eligible for the TÚS schemes.

People getting Disability Allowance and Blind Pension can qualify for Working Family Payment (WFP) if they meet the criteria. People getting Invalidity Pension and Illness Benefit cannot work and therefore cannot qualify for WFP. People getting Partial Capacity Benefit do not qualify for WFP.

Extra benefits

If you work while getting Disability Allowance or Blind Pension you can retain any extra benefits you were getting. However, the amount of Rent Supplement you get may be affected by your increased income.

In general, you can retain any extra benefits you were getting when you take part in an employment scheme.

You can read about Rent Supplement and how additional income from work or taking part in an employment scheme may affect it in our document on Rent Supplement and changes to your circumstances.

Keeping entitlement to Free Travel

Since 6 April 2017, under the Make Work Pay initiative, if you move from a long-term disability payment (see list below) to a job, you can keep your entitlement to Free Travel for a period of 5 years, provided you have registered for a Public Services Card.

• Disability Allowance
• Invalidity Pension
• Partial Capacity Benefit (from Invalidity Pension)
• Disablement Benefit paid along with Incapacity Supplement
• Transfer from Disability Allowance or Invalidity Pension to a Community Employment, SOLAS or Back to Work scheme.