social security disability claim form

Many Wisconsin residents are wondering whether they can receive Social Security Disability benefits while continuing to work. The answer to this question is not a simple “yes” or “no”. It depends on several factors, and it’s important to understand the rules set by the Social Security Administration regarding work activity. If you are considering applying for disability benefits while working, it’s essential to understand these rules in order to make an informed decision.

Understanding Substantial Gainful Activity (SGA)

The Social Security Administration (SSA) evaluates disability claims based on an individual’s ability to engage in substantial gainful activity (SGA). For the year 2025, if an individual earns more than $1,620 per month (or $2,700 for blind individuals), the SSA will generally consider them to be engaged in SGA and therefore disqualify them from receiving disability benefits.

However, working does not automatically disqualify you from applying for benefits. The key factor is whether your work activity reaches the level of a substantial gainful activity. If your earnings fall below a certain threshold, you may still be eligible for benefits even while employed.

Part-Time Work and Unsuccessful Work Attempts

Wisconsin workers often try to keep their jobs despite significant health challenges. According to recent Social Security Administration (SSA) statistics, around 8.9 million Americans received Social Security Disability Insurance (SSDI) benefits in 2024, and Wisconsin accounted for over 130,000 of these beneficiaries. Many of these people were working part-time prior to their conditions becoming worse.

Part-time or reduced-hour work that keeps your income below the SGA limit may not prevent you from qualifying for benefits. However, if your medical condition requires you to work fewer hours, this can strengthen your disability claim by showing the impact of your impairment on your ability to work.

Unsuccessful work attempts are taken into special consideration under the SSA guidelines. If you have tried to return to work but were unable to continue for more than six months due to disability, the SSA may not count this work towards your claim. This policy recognizes that individuals often make sincere efforts to stay active in the workforce despite severe limitations.

SSDI vs. SSI: Different Rules Apply

Wisconsin residents should be aware that Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) have different rules regarding work.

SSDI eligibility primarily depends on your work history and whether you are currently engaged in SGA (Social Security-covered work). If you have paid sufficient Social Security taxes through previous employment and your current earnings are below SGA levels, you may be eligible for SSDI benefits. Recent data shows that the average SSDI benefit in 2025 was approximately $1,575 per month.

SSI, a means-tested program, has tighter financial limits with a maximum monthly federal benefit of $967 in 2025. This program takes into account not only your income but also your assets and resources. While you can work while receiving SSI, the program uses specific rules to determine how your earnings affect your benefit amount.

Trial Work Period: Testing Your Ability to Work

If you are already receiving Social Security Disability Insurance (SSDI) benefits, the trial work period allows you to test your ability to work for at least nine months without losing your benefits. During the year 2025, each month in which you earn more than $1,160 will count as a trial work month. This provision provides valuable flexibility for residents of Wisconsin who want to try to return to work without risking their benefits immediately.

Why Legal Guidance Matters

Navigating disability applications while working requires careful attention to Social Security Administration (SSA) regulations. According to the SSA’s annual statistical report, the initial denial rate for disability claims is approximately 63%. Many of these denials are due to misunderstandings about work activity and earnings limits.

At Tabak Law, LLC, our Social Security Disability attorneys understand the challenges that Wisconsin workers face when they are trying to maximize their chances of receiving benefits while maintaining employment to the best of their abilities.

Take the Next Step

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If you are working or considering working while applying for disability benefits in Wisconsin, we encourage you not to navigate this complex process alone. We at Tabak Law, LLC understand that mobility challenges shouldn’t prevent you from receiving experienced legal representation, and we offer convenient home and hospital visits. Please contact us at (414) 206-1434 for a free consultation.

Your disability claim deserves individualized attention in a system that processes thousands of applications every day. Let our dedicated team work for you.

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