Filing for Social Security Disability benefits can be a long and often confusing process. Many applicants turn to experienced lawyers for guidance, hoping to improve their chances of approval. However, one of the most surprising realities is that some disability lawyers decline a case if the applicant is still working. This decision may feel discouraging, but it is rooted in how the Social Security Administration (SSA) defines disability and the rules surrounding substantial gainful activity (SGA).

In this article, we’ll break down why disability lawyers may hesitate to take on cases where someone continues to work, the SSA’s perspective, and what exceptions might apply. Understanding these factors can help you make informed decisions about your disability claim.

The SSA’s Definition of Disability

To qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the SSA requires proof that you cannot engage in “substantial gainful activity.” SGA is essentially the threshold used to determine if your work and earnings demonstrate the ability to perform competitive employment.

For 2025, the SGA limit is set at $1,620 per month for non-blind individuals and $2,700 per month for blind individuals. If you consistently earn more than this amount, the SSA generally considers you capable of working and therefore ineligible for disability benefits.

This threshold plays a direct role in why disability lawyers decline case working situations—because earning above the SGA level typically means the SSA will deny your claim.

Why Lawyers Decline Cases When Applicants Are Working

Lawyers who handle Social Security Disability cases usually work on a contingency fee basis, meaning they only receive payment if they win your case. If you are still employed and your income is above the SGA limit, the odds of success decrease significantly. From a practical standpoint, this makes it difficult for lawyers to justify investing time and resources into a case that is unlikely to be approved.

In addition to financial considerations, lawyers are bound by ethical obligations. A disability lawyer should not encourage clients to pursue claims that lack merit under SSA rules. Therefore, when working jeopardizes eligibility, many lawyers will advise against filing until the individual stops working or reduces earnings below the SGA level.

When Working Doesn’t Automatically Disqualify You

Although working can complicate your case, it does not always mean you are ineligible. There are important exceptions to consider:

1. Trial Work Period (TWP)

If you are already receiving SSDI benefits, the SSA allows a Trial Work Period. During this time, you can test your ability to work while still receiving benefits. This program encourages beneficiaries to rejoin the workforce without fear of immediately losing their financial support.

2. Unsuccessful Work Attempts (UWA)

If you attempt to return to work but cannot sustain employment due to your condition, the SSA may consider it an Unsuccessful Work Attempt. For example, if you work for a few months but your health forces you to stop, your claim may remain valid.

3. Part-Time Work Under SGA

It is possible to work part-time and still qualify for disability if your earnings remain under the SGA threshold. However, even when working under the limit, the SSA will review the type of work you perform, the number of hours, and whether it demonstrates the capacity to engage in full-time employment.

4. Special Work Situations

Jobs performed under special conditions—such as receiving extra assistance, working in a sheltered environment, or being accommodated beyond typical employment standards—may not fully disqualify your case. These circumstances often require detailed documentation to prove that the work does not reflect competitive employment.

The Importance of Documentation

When disability lawyers evaluate whether to take your case, they look closely at medical records, employment history, and income documentation. If you are still working but claim you cannot sustain employment due to your condition, thorough evidence is crucial. Doctors’ statements, treatment notes, and detailed explanations of job limitations can strengthen your argument.

Without clear documentation, however, lawyers may view your case as too risky, further explaining why disability lawyers decline case working applicants.

Balancing Financial Need and Claim Eligibility

One of the biggest challenges for disability applicants is balancing the need for income with the requirements of eligibility. Many individuals continue working because they have no other financial choice. Unfortunately, this decision can complicate or delay approval of their disability claims.

Lawyers often encourage clients to carefully consider whether continuing employment, even at reduced hours, might harm their long-term ability to qualify. Sometimes, stopping work entirely—or at least ensuring earnings remain below the SGA level—is the most effective step to move forward with a claim.

What to Do If a Lawyer Declines Your Case

If a disability lawyer declines your case because you are working, it does not necessarily mean you will never qualify. Consider these steps:

  • Review your income: Determine if you can reduce your hours or earnings below the SGA threshold.
  • Collect medical documentation: Continue building evidence of your condition and limitations.
  • Reapply later: If your condition worsens or you stop working, you may have a stronger case in the future.
  • Seek a second opinion: Another lawyer may offer different insight, especially if your earnings are near but not far above the SGA level.

Final Thoughts

Understanding why disability lawyers decline case working applicants helps clarify how the SSA views disability eligibility. The decision is not personal but rooted in rules surrounding substantial gainful activity, ethical standards, and the likelihood of case success.

If you are currently working and considering applying for Social Security Disability benefits, weigh the risks carefully. Explore exceptions like trial work periods or unsuccessful work attempts, and gather strong medical documentation to support your claim. Taking these steps can help you prepare for a stronger application when the timing is right.

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