Do I Return to Work After Applying for Social Security Disability?

Will you hurt your case if you try to return to work after filing for Social Security disability?

As I discuss in this video, earnings after your disability onset date will be noticed by your judge.
But if you understand Social Security’s rules about “substantial gainful activity” and “unsuccessful work attempts” your good faith efforts to try to work can actually make your case stronger.

Whether or not you have the capacity to work is the main issue in your Social Security disability claim. When the judge sees that you have tried to work, he/she will ask if this means that you have the ability to maintain a full time job.

You and your attorney can position your work attempt as evidence that you are a reluctant claimant, acting in good faith. Further, you can ask co-workers or even a supervisor for written statements detailing problems you had with performance or attendance - and this non-medical evidence can be very compelling in a disability hearing.

On the other hand, you don’t want your work attempt to misrepresent your actual capacities, which could lead to a situation where the judge denies your claim even though you really do not have the ability to perform full time work.

Your attorney can advise you how to both put forward your best effort at trying to return to work while not unintentionally sabotaging your legitimate disability claim.

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