Home Office Warrior » Disability and Getting a Job

Recently, we had a post on Home Office Finance about disability insurance and the home office warrior. Today, in my RSS reader was an interesting post from a really good law blog, Maryland Injury & Disability Law.

Should I get a job is a question most likely asked a lot when it comes to Social Security and disability benefits. If you are a home office warrior, would working at home keep you from getting benefits?

But, the answer is a little complicated. First, social security (SSA) defines disability as being unable to work. So, if one is working, it’s difficult, if not impossible, to prove one cannot work. Having said that, not all work counts as work. So, when is work not work? Unfortunately, there isn’t a black and white answer to that. But, there are some guidelines. In 2008, if you gross $940.00 or more per month(gross, not take home pay), it is considered substantial gainful activity. If you perform this job for 3 months or less and have to stop due to an impairment, it is usually considered an unsuccessful work attempt. If you do this job for 3-6 months and have to stop due to your impairments, it will probably be counted as an unsuccessful work attempt. But, beware, if you are deliberately keeping the hours down so your earnings will be under the $940 limit, then SSA may find that you are working. Or if you stop working due to reasons other than your impairment, SSA may consider the work to be substantial gainful activity. There are more regulations regarding this issue so, if you are considering a return to work, you should discuss the matter with your attorney.

If you are really able to work, you are almost always better off working. And, if there was a period of, at least, 12 months where you were unable to work, you can request a closed period of disability. That means you can get benefits for the period of time when you were unable to work.

The most important thing to remember is let your attorney know if you are planning on going back to work. That way you can make an informed decision.

This is a great post that may provide you with an answer to the question of “should I get a job” if you are trying to get disability benefits. It also points out that working usually is better than waiting for benefits if you can work. One of the advantages of working at home is that you can do so many things you could not do working at an office.

First, you don’t have to commute. If you did a job before which required you to commute, perhaps you could do it by telecommuting.

Second, with the technology we have available such as collaboration tools and web meetings, you don’t need to actually be present to communicate with employers and/or clients.

Third, you can work at your own pace and on your own schedule.

While I don’t want to appear I am planning for the worse. If you don’t consider events we have no control over, you could be accused of failing to plan. Talk to your advisor about disability and include it in your overall financial plan.