Can You Return To Work While Your Claim Is Pending?

This is one of the most popular questions in the area of Social Security Disability law. Take this example:

Bob’s social security disability case is denied upon the initial application. He has been out of work for 8 months and not receiving any income. Bob appeals his case and requests a hearing, but it could take up to 14 months for that hearing date to arrive. After waiting another 6 months after he filed his appeal, Bob decides that he needs to try and do something to earn some money. At this point, Bob has been out of work and receiving no income for 14 months. If Bob goes back to work, will his case be dismissed?

No.

Since Bob has been out of work for over 12 months and if he is able to prove that his injuries or impairments were severe enough to prevent him from working, Bob still might have a claim for disability benefits. Depending on Bob’s ability to work, or inability work, his attempt to go back will have significant ramifications on his case.

To find out what factors come into play if a claimant attempts to return to work while their disability case is pending, CLICK HERE.

July 21, 2010  Tags: , , , , , , , ,   Posted in: Social Security Disability

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