Can You Work While Applying for Disability in Pennsylvania
Some work is possible. Earning above the threshold is usually fatal to the claim.
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You can work while applying, but earnings above the substantial gainful activity threshold will generally result in denial regardless of your medical condition. The threshold changes annually. Work below it is permitted and will be examined closely, so get advice before starting anything.
Substantial gainful activity is a bright line
Social Security asks first whether you are engaged in substantial gainful activity. If your countable earnings exceed the monthly threshold, the claim is generally denied at that step without ever reaching your medical condition.
The figure is set annually and differs for statutory blindness. Because it is a threshold rather than a sliding scale, being slightly over is treated the same as being far over.
Work that does not count against you the way it looks
- Impairment related work expenses. Costs you incur to be able to work, such as certain transport, equipment or attendant care, can be deducted from countable earnings.
- Subsidised work. Where an employer pays you more than the value of what you produce, often a sympathetic family business, the subsidy can be excluded.
- Unsuccessful work attempts. A job you tried and had to stop or reduce within a short period because of your condition can be discounted rather than counted against you.
These are recognized mechanisms rather than loopholes, and they are frequently unknown to claimants who simply assume any work ends the claim.
Once benefits start, the rules change again
The trial work period allows recipients to test working for a number of months while keeping full benefits regardless of earnings, followed by an extended period of eligibility with different rules. These provisions exist to make attempting work less risky, and they are frequently misunderstood as traps.
The honest risk
Working while claiming does two things beyond the earnings test. It gives the decision maker evidence about your functional capacity, and it can make the claimed limitations look inconsistent.
That is not a reason never to work. It is a reason to get advice on how much, in what role, and how it will be documented, before rather than after.
If your employer offers reduced hours
This is worth thinking through carefully. Reduced hours may keep you below the threshold and demonstrate that you cannot sustain full time work, which supports the claim. Equally, taken without advice, it can undermine it. The details matter.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
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Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
Can I work while applying for disability?
You can, but earnings above the substantial gainful activity threshold will generally cause denial at the first step, before your medical condition is even considered. The figure is set annually, and because it is a threshold rather than a sliding scale, slightly over is treated like far over.
Are there deductions from what counts as earnings?
Yes. Impairment related work expenses, meaning costs you incur in order to work, can be deducted. Subsidised work, where an employer pays more than the value of what you produce, can be partly excluded. Both are recognized mechanisms rather than loopholes.
I tried a job and had to stop. Does that count against me?
Possibly not. An unsuccessful work attempt, where you tried a job and had to stop or reduce within a short period because of your condition, can be discounted rather than treated as proof you can work. Document why it ended.
What happens if I want to try working after benefits start?
The trial work period allows you to test working for a number of months while keeping full benefits regardless of earnings, followed by an extended period of eligibility with different rules. These provisions exist to make attempting work less risky than people assume.
My employer offered me reduced hours. Should I take them?
It cuts both ways and deserves advice first. Reduced hours may keep you below the threshold while demonstrating that you cannot sustain full time work, which supports the claim. Taken without thought, it can equally be used to argue you are more capable than claimed.
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