Can You Work and Still Receive Disability Benefits? Legal Considerations

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Can You Work and Still Receive Disability Benefits? Legal Considerations

Can You Work and Still Receive Disability Benefits? Legal Considerations Philadelphia disability insurance lawyer

Many people receiving disability benefits worry that returning to work, even part-time, could result in the loss of those critical benefits. The truth is, working while on disability in Philadelphia is possible under certain conditions, but it comes with legal and financial complexities. Whether you’re receiving benefits through a private long-term disability insurance policy or Social Security Disability Insurance, understanding your rights and limitations is essential to avoiding costly mistakes.

If you’re considering a return to work after becoming disabled, speaking with a Philadelphia disability insurance lawyer from Edelstein Martin & Nelson can help you navigate the rules and protect your benefits.

Working While on Private Disability Insurance

If you have a private disability insurance policy, whether through your employer or purchased individually, the terms of your plan determine how much work you can perform without jeopardizing your benefits. Most policies fall under two categories:

  • Own Occupation: You may be able to work in a different job or reduced capacity and still receive benefits, as long as you can’t perform the duties of your original occupation.
  • Any Occupation: Benefits may be discontinued if the insurer determines you can work in any job suited to your experience and education.

These terms are often buried in complicated policy language, and insurance companies may monitor your activity closely, especially if your job requires physical mobility or public presence near major business districts like Center City or along Market Street.

SSDI and the Trial Work Period

If you’re receiving Social Security Disability Insurance, the Social Security Administration (SSA) allows you to test your ability to work without immediately losing your benefits through the Trial Work Period (TWP). Under this program:

  • You can work for up to 9 trial months within a 60-month rolling period.
  • In 2025, any month in which you earn more than $1,110 counts as a trial work month.
  • You continue to receive full SSDI benefits during the trial months, regardless of income level.

After completing the TWP, you enter a 36-month Extended Period of Eligibility, during which your benefits may stop if your earnings exceed Substantial Gainful Activity (SGA) limits (currently $1,620 per month for non-blind individuals in 2025).

The Risk of Working Without Legal Guidance

Returning to work without fully understanding the terms of your policy or the Social Security rules can lead to a suspension or termination of your benefits. Insurers may use your return to work as evidence that you’re no longer disabled, even if you’re working limited hours or in a different role. The SSA could also terminate your benefits if you exceed the SGA threshold without proper reporting.

Here are common pitfalls to avoid:

  • Failing to report income or job changes to the SSA or your insurer
  • Assuming part-time work won’t affect your benefits
  • Not documenting workplace accommodations or physical limitations

Whether you’re returning to work in the healthcare corridor around Broad Street or an office near Logan Square, having the right legal advice is critical to keeping your claim secure.

How Edelstein Martin & Nelson Can Help

A knowledgeable Philadelphia disability insurance lawyer can review your policy, explain your rights, and help you structure a return-to-work plan that aligns with benefit guidelines. Legal counsel can also communicate with insurers or the SSA on your behalf to ensure accurate reporting and prevent unjust denials. If your benefits are unfairly reduced or terminated, a lawyer can assist you with appealing the decision and gathering supporting medical and occupational evidence.

Speak with a Philadelphia Disability Insurance Lawyer Today

If you’re unsure whether you can work without losing your disability benefits, don’t take chances. Our experienced attorneys at Edelstein Martin & Nelson are here to help. Call (215) 731-9900 today to speak with a skilled Philadelphia disability insurance lawyer and protect the financial support you’ve earned.