Can I file for social security disability while I’m still working?

The Social Security Administration uses a “sequential evaluation” process in evaluating a disability claim. The first step in the process is to determine if the claimant is engaged in “substantial gainful activity”. If so, the claim is denied and the medical issues are not even reviewed. So, unless an individual is not working, or is working very little, it is rarely helpful to move forward with a claim for benefits. In most cases, it is better to continue to work as long as you can, and file your claim when you can no longer continue. If it is inevitable that a claim will be necessary, focus on developing the medical evidence that will be necessary to prove the claim once it is filed. See your doctors, ask for their opinion as to your work capabilities, tell them that you will be filing a claim soon, and ask for their help in documenting your medical problems as thoroughly as possible. This may help you get an early favorable decision on your claim and avoid a lengthy appeal process.

Once you have reached the point of filing a claim, help from an experienced attorney can be invaluable. At Morgan & Morgan, we work with your doctors to insure the agency gets a complete picture of your impairments. We handle any necessary appeals. If a hearing is necessary, we present your case to the judge through documents and witness testimony. We handle Social Security Disability cases on a contingent fee, so no attorney fees are due until you win.

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