Answered on Oct 07th, 2011 at 11:36 PM
Since 1988 I have been handling
disability cases before the Social Security Administration, and yours
is a very common question. My reply to "can I work while waiting
..." is to ask the client to answer the following two questions:
What does your doctor say? Has
the doctor told you not to work? Does the doctor know that you are
considering this return to the workplace? What restrictions or
limitations has your doctor outlined regarding return to work -
part time or full time?
What do you say? Are you up to
it? Even, in your case, 3 to 4 hours per day? At what physical and
medical cost to you, that is, will your conditions get worse?
You also need to know that if you work
in the first 12 months of your disability you may complicate your
case. Remember, "disability"
means "inability to engage in any substantial gainful activity by
reason of any medically determinable physical or mental impairment
which can be expected to result in death or has lasted or can be
expected to last for a continuous period of not less than 12 months."
If you have earnings that
are above SGA
(Substantial Gainful Activity) in that first 12 months, you must
"start over" counting those 12 months.
Your question makes it clear your
financial situation is driving your decision. Until a decision is
made, look to other
sources for assistance? Contact your County and State agencies to
see what benefits you may be eligible to receive, such as: food
stamps, rent assistance, utility assistance, etc. Also, family,
friends, churches (whether you are a member or not), charitable
I don't think I am from your area, and I don't know specifics for you, but if you
contact an experienced AV-rated lawyer
that handles Social Security Disability, my guess is that she or he
will give you some additional guidance.
No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ