Why Disability Lawyers Might Decline Your Case If You're Still Working: Insights from a Social Security Disability Attorney

As a Social Security disability lawyer with years of experience helping clients navigate the complex world of SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) claims, I often hear from potential clients who are confused and frustrated. One common story goes something like this: "I called a lawyer about my disability case, but as soon as I mentioned I'm still working, they didn't want to hear more. Why?" If this sounds familiar, you're not alone. In this blog post, I'll break down the reasons behind this reaction, explain the key rules involved, and offer guidance on what you can do next. Understanding these nuances can make all the difference in pursuing a successful claim.

The Basics of Social Security Disability Benefits

Before diving into the "working" issue, let's quickly review what SSDI and SSI are designed for. These programs provide financial support to individuals who are unable to work due to a severe, long-term disability. SSDI is for those who've paid into Social Security through their work history, while SSI is needs-based for low-income individuals. In both cases, the Social Security Administration (SSA) requires proof that your medical condition prevents you from engaging in "substantial gainful activity" (SGA). This is the crux of eligibility—and where employment status comes into play.

If you're applying for benefits while still employed, it raises a red flag for lawyers because it could indicate you're not yet at the point where the SSA would consider you disabled under their strict definitions.

What Is Substantial Gainful Activity (SGA)?

SGA is the SSA's benchmark for determining if someone's work is "substantial" enough to disqualify them from benefits. Essentially, if you're earning above a certain monthly threshold, the SSA presumes you can support yourself and aren't eligible for disability payments.

For 2025, the SGA limits are:

• Non-blind individuals: $1,620 per month

• Blind individuals: $2,700 per month

These amounts are adjusted annually for inflation, so they're higher than in previous years (for reference, in 2024, it was $1,550 for non-blind and $2,590 for blind). If your gross earnings exceed these limits—before taxes or deductions—the SSA will likely deny your claim at the first step of their evaluation process.

Lawyers know this rule inside and out. When you mention you're still working, they're mentally calculating: "Is this person's income over SGA? If so, the case might not even get past the initial screening." Taking on such a case could mean investing time and resources into something with low odds of success, which is why some attorneys might politely decline or suggest waiting until your situation changes.

Why Working Can Hurt Your Disability Claim

Even if your work is part-time, accommodated, or causing you immense pain, the SSA focuses on earnings first. Here's why this matters:

1. Presumption of Ability: Earning above SGA suggests to the SSA that you're capable of gainful employment, regardless of your medical struggles. They don't consider factors like how much pain you're in or if your job is specially modified—it's largely about the dollars.

2. The Five-Step Evaluation Process: The SSA uses a sequential evaluation to decide claims. Step 1? Checking for SGA. If you're over the limit, your claim stops there. Lawyers often screen for this early to avoid false hope.

3. SSI-Specific Rules: For SSI, working can also affect your asset limits and income calculations, making eligibility even trickier.

That said, not all work disqualifies you. There are exceptions and incentives built into the system to encourage people to try working without losing benefits immediately.

Exceptions and When Working Might Not Be a Deal-Breaker

It's not always black and white. Here are some scenarios where working doesn't automatically sink your case:

• Below SGA Earnings: If you're earning under the 2025 thresholds (e.g., less than $1,620/month for non-blind), your claim could proceed. Part-time work or low-wage jobs might qualify.

• Trial Work Period (TWP): For SSDI claimants, you can test your ability to work for up to 9 months (not necessarily consecutive) without losing benefits, as long as you've already been approved. This doesn't apply during the application phase, though.

• Extended Period of Eligibility (EPE): After the TWP, there's a 36-month window where benefits can restart if your earnings drop below SGA.

• Unsuccessful Work Attempts: If you've tried working but had to stop due to your disability (and it lasted less than 6 months), the SSA might not count it against you.

• Ticket to Work Program: This SSA initiative offers vocational rehab and protections for beneficiaries who want to return to work.

  
  

If your situation fits one of these, a lawyer might still take your case. However, if you're actively working above SGA while applying, many attorneys will advise you to stop or reduce hours first—though that's a big decision that requires careful planning to avoid financial hardship.

Why Lawyers Screen Cases This Way

As disability attorneys, we're advocates, but we're also realists. The SSA denies about 70% of initial claims, and cases involving ongoing work are even tougher. We evaluate potential cases based on winnability to focus on those we can truly help. Declining isn't personal—it's about ensuring we can deliver results. If a lawyer turns you down, it might mean:

• Your claim isn't ripe yet (e.g., wait until you can't work anymore).

• They specialize in appeals rather than initial filings.

• Another firm might see it differently, especially if there are unique factors.

  
  

What Should You Do If You're Still Working But Considering a Claim?

1. Track Your Earnings and Symptoms: Keep detailed records of your income, work hours, and how your disability affects your job. This can help if you later prove an unsuccessful work attempt.

2. Consult the SSA Directly: Use their online tools or call to check your eligibility basics. Resources like the SSA's Red Book on work incentives are invaluable.

3. Seek Medical Evidence: Strong documentation from doctors about your limitations is key, even if you're working.

4. Talk to Multiple Lawyers: Not all firms have the same criteria. Look for those experienced in Social Security disability who offer free consultations.

If you're dealing with a debilitating condition but still pushing through at work, know that you're not alone—and help is available when the time is right.

Ready to Discuss Your Situation?

At Law offices of Chriatopher Le we specialize in Social Security disability claims and understand the gray areas of working while disabled. If you've been turned away elsewhere or just want clarity on your options, contact us today for a free, no-obligation consultation. We'll review your case thoroughly and guide you on the best path forward. Don't let confusion hold you back—reach out now at 210-885-3408.

This post is for informational purposes only and not legal advice. Laws and thresholds can change, so always verify with the SSA or a qualified attorney.