When you apply for disability benefits, you’re making a statement- that you are no longer able to work due to a disabling condition. But if you’re still working, even part-time or in a reduced role, it can directly contradict that claim.
Many applicants believe that limited work won’t hurt their case. Especially if it’s just “helping out” a friend, freelancing occasionally, or earning below a certain income level. Unfortunately, those activities can seriously undermine your credibility and jeopardize your claim.
The Core Problem: Actions vs. Assertions
Insurance companies and the Social Security Administration are looking for inconsistencies in your story. If you say you can’t work but are actively working, even in a minimal capacity, they’ll question whether you’re truly disabled.
Here’s what that might look like:
- You claim you can’t sit or stand for long periods, but you’re seen working behind a desk.
- You say your pain and fatigue are debilitating, but your job requires consistent focus or physical movement.
- You describe daily impairments, but your work history suggests you can still meet basic job demands.
In these situations, your actions speak louder than your medical records. If there’s a contradiction, the insurer or SSA will usually side with what you do, not what you say.
Why Even Small Jobs Can Be a Big Deal
Many claimants assume that occasional or low-paying jobs are “harmless.” After all, they’re not working full-time or earning anything close to what they used to. But the definition of disability doesn’t hinge on how much you earn — it hinges on your capacity to work.
With Social Security, the monthly earnings threshold for 2025 is $1,550 (or $2,590 if you’re blind). If you earn more than that, your claim will be denied. But even if you earn less, SSA may look at the nature of the work itself and decide you’re still capable of engaging in substantial gainful activity (SGA).
Private disability insurers apply similar reasoning. They may argue:
- Your job proves you’re capable of sedentary work.
- You’ve demonstrated the ability to perform tasks that are transferable to other occupations.
- Your condition has improved if you’re able to return to any type of employment.
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Working Makes Your Claim Harder to Prove
If you’re still working in any capacity, it’s much more difficult to prove that you meet the standard of “total disability.” It creates a higher burden of proof and invites additional scrutiny.
You may be asked to explain:
- Why you are working at all if you’re truly disabled.
- Whether your job duties match the limitations described by your doctors.
- If you’re intentionally limiting your hours or job responsibilities to appear more impaired.
This last point is especially important. Insurance companies and SSA are often skeptical of claimants who work part-time. They may assume you’re artificially suppressing your work hours in an attempt to qualify for benefits. In their eyes, this undermines your credibility and raises the possibility of fraud.
A Common Example: The “Light Duty” Mistake
Let’s say Michael, a warehouse supervisor, develops severe spinal stenosis and applies for LTD benefits. While waiting for a decision, his employer assigns him to a “light duty” desk job, answering emails and doing paperwork for a few hours a day.
Michael thinks he’s playing it safe — but when the insurer sees pay stubs and activity logs showing he’s still working, they deny his claim. To them, Michael’s ongoing employment proves he’s capable of sedentary work, and thus not totally disabled.
Even though Michael’s condition truly prevents him from returning to his old job, his light duty role contradicts his claim of total disability. The insurer doesn’t see the nuance — only the fact that he’s still working.
What If You’re Already Working?
If you’ve already started working, don’t panic — but do proceed carefully. You should speak with an experienced disability attorney as soon as possible. An attorney can:
- Evaluate whether your work activity jeopardizes your claim.
- Help you document medical restrictions that support limited or modified work.
- Build a strategy to overcome the perception that you’re not truly disabled.
The earlier you seek help, the more options you have to protect your claim and avoid a denial or termination of benefits.
It’s also important to understand that your attorney cannot tell you how much you’re able to work. That’s a medical judgment, not a legal one. If you’re unsure whether working is medically appropriate for you, that’s a conversation you need to have with your treating physicians. Make sure your claim aligns with the medical documentation and that your actions don’t unintentionally conflict with your doctors’ assessments.
Protecting Your Claim Starts with What You Do
Disability claims are built on consistency: consistent symptoms, consistent treatment, and consistent behavior. When your actions conflict with your stated limitations — especially in the form of work — it casts doubt on the entire claim.
Before you engage in any work activity, ask yourself:
- Would this job contradict what my doctors say I can’t do?
- Could this give the impression that I’m less impaired than I claim?
- Is this work worth risking my entire claim?
If you’re unsure, talk to a lawyer who handles disability claims every day.
At the Ortiz Law Firm, we help clients nationwide with disability claim denials. We handle long-term disability and Social Security Disability claims. We can help you make informed decisions — and avoid critical missteps that could cost you everything.
