The issue of work is ever-present in Social Security disability law. A disabled person, according to Social Security, is a person incapable of substantial gainful activity due to their medical limitations. Substantial gainful activity is basically “work.”

So if I’m applying for Social Security, I can’t work? How do they expect me to survive? These are good questions that I hear a lot. Social Security is for folks who are not able to work anymore.

How are you supposed to survive while applying? The sad truth is that you cannot expect to continue living at the same standard as when you worked. Here are some ideas about assistance. If you truly cannot work, look into community resources. Friends, family, the housing authority, Medicaid and sliding scale clinics, prescription drug programs, church programs, charities like UNICEF/Red Cross, food pantries. Use your stored wealth, take early retirement, apply for union or insurance benefits through your last employer. Downsize.

So there is really no way to work while applying? I’m not saying that. If you can work, you should.

If you are capable of working, you may not be eligible for Social Security disability. If you were a professional tree trimmer or nurse’s aide, your past work is physical. Have you tried a less physical job? A bench assembler positon, telemarketing, or filing clerk. If your past work was very social like fast food cashiering, retail sales, or marketing, have you tried something less socially demanding such as order picking, factory line work, or shipping and receiving? If you can work and are making over $1000 a month, you are most likely not a good candidate for disability benefits because you are capable of working. I say most likely because there are some exceptions as individuals get older (50 and older).

I could probably work, but I refuse to do some unskilled teenage job. I paid into Social Security, so they should pay me benefits because I can’t do the kind of work I am used to. Unfortunately, that is not how the program works. Social Security is not a savings account that you can withdraw at will. It is a program set up to assist older workers who are of retirement age and disabled workers who cannot do substantial work. If you think you could be a grocery store cashier or a parking lot attendant on a full time basis, then you do not meet the definition of disability. (Again there are some exceptions for individuals over 50.)

But I am trying my best to work because my family needs the income and I can’t keep any job for more than three months or I am making less than $1000 a month. So now what? You should probably both continue to try and work and apply for disability. The small amount of money you can earn will provide you with some income during the wait and shows that you have the motivation to work. If you are not a good worker, an employer statement that they could not keep you or the trail of discipline reports will show that your medical problems interfere with your ability to work. If you are using vocational rehabilitation to find jobs, the case worker assigned to you can possibly provide an opinion explaining why they cannot place you in full time work. Your tax records will hopefully show that your potential for earning has decreased from your prior full time work to the reduced capabilities after you became disabled.

So I should wait to apply? Not necessarily. The Social Security disability process can take from 3 months to five years or longer depending on how many times you appeal your case. Most cases take 2.5 years from application to first monthly payment. If you feel that your medical conditions stop you from working, apply. If your conditions improve over time and you are able to find a job and keep it, your Social Security application can be withdrawn. If you find a job and cannot keep it, then the Social Security process continues as long as you continue to appeal a negative decision. If you are not sure what you should be doing, hire an attorney and get advice about how to proceed on your Social Security case.