Ask Larry

What Should I Do If I Have An Appeal Pending On My Claim For Disability Benefits And I Return To Work?

Waiting for disability almost 11 month Well am going back to work and I already had and appeal but we couldn't not wait anymore we lost both cars and almost got evicted I call ssi and ssd doctor for a whole month leaving messages that I will cancelled my appeal and any applications cause there no other way I need to go back to work, and now that I finally found a job he calls my wife telling her she needs to ask a couple of questions and my wife canot answers them it has to be me, but we call him for a whole month and he got back today november 24 and I start next Monday, am just afraid if I start work I will get in legal problems, sorry for my bad writing am just really mad cause am doing everything in my power to get a hold of him and when we do I was getting orientation for my new job so my wife hat to talk to him and he just said well he has to call me and answer questions only him, we really need the job otherwise we are getting evicted if I dont pay the 3 months pay

Hi. You won't get into any trouble as long as you report your work to Social Security. Nor do you need to withdraw your appeal request. Instead, you can simply allow Social Security to make a determination on your appeal. The worst that can happen is that they'll disallow your appeal because of your work. However, if there was at least a 12 month gap in your work during which you didn't earn more than the substantial gainful activity (SGA) level, then your claim could still potentially be approved.

Currently, Social Security considers work for more than $1310 per month to be SGA, although that amount changes from one year to the next. All you really need to do is inform Social Security about the details of your work, and then let them decide whether or not your work rules out qualifying for disability benefits. If you are unable to reach Social Security by phone, you can report your work by mail. Social Security prefers to have work activity reported on a form SSA-821(https://www.ssa.gov/forms/ssa-821.pdf), which I would suggest sending to the office that services your address. You can find the address for your servicing office by using Social Security's office locator: https://secure.ssa.gov/ICON/main.jsp.

Best, Jerry

Posted: 
Nov 25 2021 - 7:49am
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