How Many Hours Can You Work on Disability in California?
September 30, 2024
Are you wondering how many hours you can work on disability in California? The answer to this question can be complex as it is affected by several factors, including your hourly wage, type of disability benefits, and specific rules that apply to your case. Understanding how many hours you can work can help you earn income without letting it impact your eligibility for disability benefits. Let us explore the work limitations for disability benefits in California and the importance of adhering to those requirements.
Understanding Disability Benefits in California
According to the Employment Development Department (EDD) of California, a disability is defined as an injury or illness that prevents individuals from performing regular or customary work. The disability can be physical or mental. Under California law, there are several types of disability benefits for eligible individuals. Each program has specific eligibility requirements and work limitations. Understanding the different types of disability benefits in California can help you make informed decisions on how many hours you can work on disability.
Social Security Disability Insurance (SSDI)
As a federal program, Social Security Disability Insurance (SSDI) provides financial assistance to eligible individuals who are unable to engage in substantial gainful activity (SGA).
These disability benefits are available only to individuals who have paid into the Social Security program through their payroll or self-employed taxes. The benefits depend on several factors, including the contribution of the individual to the social security program.
California State Disability Insurance (SDI)
Unlike the SSDI, the California State Disability Insurance (SDI) is a state program that offers financial assistance to eligible workers who have suffered a disability. The SDI typically provides short-term financial assistance by replacing a percentage of income for a limited period of time. For long-term disability needs, you will have to consider other options.
Supplemental Security Income (SSI)
The SSI is a needs-based program that provides monthly payments to people who have limited income or resources. The eligibility criteria for SSI are strictly based on assets and income limits.
Work Limitations While on Disability
Individuals receiving disability benefits must follow specific rules for how many hours they can work without affecting their benefits. If these rules are not followed, you risk becoming ineligible for receiving their disability benefits.
Work Limitations On SSDI
Generally, your monthly earnings matter more than the number of hours you work to determine your disability benefits eligibility. According to Social Security Administration (SSA) rules, the SSDI recepients can test their ability to return to the workforce for a trial work period (TWP). This allows them to check if they have recovered sufficiently from their disability to return to work. The trial work period won’t impact their SSDI benefits. They can work up to nine months without losing their Social Security disability benefits. However, keep in mind that the total number of months allowed for trial work does not have to be consecutive, but must occur within a five-year rolling period.
There is no maximum limit on the number of hours you can work during the trial work period. The SSA has set a maximum threshold for what is considered a trial work month. Based on current thresholds as of 2024, any month with less than $ 1,110 income would not be counted as a trial work period.
After the work trial period has ended, you can use the Extended Period of Eligibility (EPE) which lasts 36 months, during which you can continue to receive SSDI payments for months where your SGA limit is not exceeded. In 2024, the SGA limit is $1,550 per month for people with disabilities other than blindness. For people who are blind, the SGA limit has a higher threshold of $2,590 per month
Work Limitations On SDI
Individuals working part-time while receiving SDI payments must report their earnings to the EDD. The SDI benefits will be adjusted based on their earnings. If you are not able to work full-time, you can continue to receive partial benefits. Failure to report accurate earnings to the EDD can result in the loss of benefits and penalties.
Work Limitations On SSI
The SSI program has established strict earning limits for individuals to maintain their eligibility for benefits. If you are working while receiving SSI benefits, you can use some deductions and exclusions to reduce the impact of your earnings on your benefits.
The SGA limit does not apply to SSI benefits. Instead, your total income and resources are considered. If the earnings exceed the limits for SSI, the benefits are adjusted accordingly. In case your earnings exceed the maximum allowance income for disability benefits, there could be legal implications in the form of fines or criminal charges. You also risk losing benefits, which can be challenging to reinstate.
FAQs
Can I Work Full-Time While Receiving Disability Benefits?
Generally, working full-time while receiving disability benefits is not allowed. To maintain your disability benefits, your income needs to be under a certain threshold. For example, if you are receiving SSDI benefits, then full-time work is likely to result in your earnings exceeding the SGA, which means you may no longer be able to receive disability payments.
The disability programs are designed to provide financial assistance to individuals who face challenges in earning income. Being able to work full-time demonstrates the ability to work and earn a significant income. Depending on the number of hours you work, the type of work, and other factors, this will likely make you ineligible for disability benefits.
Can I Volunteer Without Affecting My Disability Benefits?
You can do volunteer work without impacting your disability benefits; however, you may have to evaluate the type of volunteer work you can do and the number of hours you spend doing it. The SSA may question your volunteer work so be prepared to provide an explanation. You may also want to consider reporting your volunteer work to the disability program administration so they don’t think you are hiding it from them.
For more in-depth answers to your question, please contact our disability attorney at Pisegna & Zimmerman.
How Pisegna & Zimmerman Attorneys Can Help
Determining how many hours or the amount of income you can make while receiving disability benefits can often be challenging. Adhering to the requirements is also critical as any lapse could result in the loss of benefits.
It is best you consult a disability attorney to ensure you maintain your eligibility for disability. An experienced attorney can assess your case and provide legal guidance on your specific situation. If you have lost benefits because your income was above the limits, an attorney can work with you on how you can reinstate your benefits and help you expedite the process.
At Pisegna & Zimmerman Attorneys at Law, our attorneys for disabilities are well-versed in the laws and regulations that apply to work limitations while on disability. We can help you maintain your eligibility for disability while allowing you to work the maximum number of hours.
If you would like to learn more about this, please contact us to schedule a free consultation with one of our disability lawyers. In our initial consultation, we will assess your case to understand your unique circumstances and offer tailored legal advice. If you choose to hire us, we can work with you to ensure compliance with the disability program’s requirements.