SSDI: Working While Disabled Guide - Georgia, Georgia

SSDI Denials and Appeals in Georgia, Georgia: Working While Disabled - What to Know

If you live in Georgia, Georgia and tried to work while disabled, you may worry that your job activity will cause a denial or stoppage of your Social Security Disability Insurance (SSDI) benefits. The Social Security Administration (SSA) allows limited work in specific ways, but the rules are technical. Many Georgians receive denials because the SSA decides their earnings show "substantial gainful activity" (SGA) or that their work proves they can do competitive employment. Others lose benefits after returning to work because the SSA determines they exceeded work limits after a trial work period (TWP) or during the extended period of eligibility (EPE). If your claim was denied or your benefits were stopped due to work activity, you still have rights to appeal and correct the record.

This guide explains, in plain language, how working while disabled affects SSDI, why work can lead to denials, which federal rules protect you, and how to appeal step by step in Georgia, Georgia. It slightly favors claimants while staying strictly within the law and the SSA's regulations. You will find the appeals timelines, key program definitions like TWP, EPE, and SGA, and practical tips on evidence, including employer letters, pay records, impairment-related work expenses (IRWE), and "unsuccessful work attempts." We also cover local Georgia resources and how to contact SSA offices serving your county. Throughout, we cite authoritative federal regulations and statutes so you can verify each point.

Whether you filed your first application or are facing a continuing disability review (CDR) after returning to work, understanding the rules can help you avoid avoidable mistakes and preserve your benefits. If your SSDI claim was denied-or benefits were cut off-because you worked, you can appeal. In many cases, clarifying your work history, documenting IRWE, or showing a subsidy can make a real difference on reconsideration or at a hearing before an Administrative Law Judge (ALJ).

Understanding Your SSDI Rights

What SSDI Requires

To qualify for SSDI, you must meet the disability standard in the Social Security Act and have sufficient work credits. The Act defines disability as the inability to engage in any substantial gainful activity by reason of a medically determinable impairment expected to last at least 12 months or result in death. See Social Security Act §223(d), 42 U.S.C. §423(d)(1)(A). The SSA evaluates your claim using a five-step sequential process, including whether your work is SGA.

Your Right to Try Working

SSDI provides work incentives so you can attempt to work without immediately losing benefits. Key protections include:

• Trial Work Period (TWP): Allows up to nine trial work months (not necessarily consecutive) in a rolling 60-month period during which you may test working while still receiving benefits, regardless of your earnings level for those months, subject to the TWP "service month" rule. See 20 C.F.R. §404.1592.
• Extended Period of Eligibility (EPE): A 36-month re-entitlement period after the TWP ends, during which you may receive benefits for months your countable earnings fall below SGA and not receive benefits for months above SGA, without filing a new application. See 20 C.F.R. §404.1592a.
• Expedited Reinstatement (EXR): If benefits were terminated due to work and you later stop working or your earnings fall below SGA because of your condition within five years, you may request expedited reinstatement without filing a new application. See 20 C.F.R. §404.1592b.
• Ticket to Work: A voluntary program that offers vocational rehabilitation and related services to help you work, governed by 20 C.F.R. Part 411.

Reporting Work and Protecting Your Benefits

You must promptly report any work activity, changes in duties, hours, pay, and stopping or starting work. See 20 C.F.R. §404.1588. Timely reporting helps prevent overpayments and preserves your appeal rights if SSA misinterprets your work. If SSA pays you benefits you were not due (an overpayment), it can seek recovery, but you may request waiver if you were without fault and recovery would be against equity and good conscience. See 20 C.F.R. §§404.502, 404.506.

Right to Representation and to See Your File

You have the right to appoint a representative-an attorney or qualified non-attorney-to help you with your claim and appeal. See 20 C.F.R. §404.1705. You also have the right to examine the evidence in your file and submit new evidence, including medical records and work documentation. See 20 C.F.R. §§404.916, 404.935, 404.949.

Common Reasons SSA Denies SSDI Claims

Work at the SGA Level

SSA can deny an initial claim if it finds you engaged in SGA after your alleged onset date. SGA is a level of work activity and earnings that indicates the ability to perform substantial work. SSA updates SGA dollar thresholds periodically. Always check the current SGA amounts published by SSA's Office of the Chief Actuary.

Current SSA SGA Amounts (Official)

Important: SSA does not consider whether you actually found a job; it focuses on your capacity for substantial work. Earnings above SGA usually indicate the ability to work, but there are exceptions (see below).

Misinterpreting a Trial Work Period or EPE

Denials and cessations often occur because SSA miscounts TWP service months or fails to apply EPE rules correctly. Under 20 C.F.R. §404.1592, a TWP allows up to nine service months to test working. After TWP, the EPE under 20 C.F.R. §404.1592a provides a safety net for 36 months where benefits can start and stop depending on monthly countable earnings. Confusion over when TWP or EPE started or ended is a common source of error.

Not Crediting IRWE, Subsidies, or Special Conditions

• Impairment-Related Work Expenses (IRWE): Costs you pay for items or services needed for work due to your impairment (for example, mobility aids, specialized transportation). When properly documented, SSA can deduct IRWE from your earnings when evaluating SGA. See 20 C.F.R. §404.1576.
• Subsidies/Special Conditions: If your employer provides extra help or reduces productivity standards because of your impairments, your actual earnings may overstate your true work capacity. SSA must consider this and may reduce countable earnings accordingly. See 20 C.F.R. §404.1574(a)(2).

Unsuccessful Work Attempts

Work that stops or is reduced below SGA within a short period because of your impairment may qualify as an "unsuccessful work attempt" and not count as SGA. See 20 C.F.R. §404.1574(c) (employees) and §404.1575(d)(2) (self-employed). If SSA overlooks this, it can wrongly deny or cease benefits.

Medical Insufficiency or Onset Date Disputes

Even when work rules are applied correctly, SSA can deny claims if it finds the medical evidence insufficient to meet or equal a listing or to support functional limits that preclude SGA. Problems include missing records, gaps in treatment, or conflicting provider opinions. Disputes about the alleged onset date also arise when initial work history suggests you performed SGA longer than claimed.

Federal Legal Protections & Regulations

Core Authorities

• Definition of Disability: Social Security Act §223(d), 42 U.S.C. §423(d)(1)(A).
• Administrative Review Process: 20 C.F.R. §404.900 outlines the four-step process-reconsideration, ALJ hearing, Appeals Council, and federal court.
• Reconsideration Deadline: 20 C.F.R. §404.909(a)(1) (60 days from receipt of notice; five-day mailing presumption at 20 C.F.R. §404.901).
• ALJ Hearing Deadline: 20 C.F.R. §404.933(b)(1) (60 days from receipt of reconsideration notice).
• Appeals Council Deadline: 20 C.F.R. §404.968(a)(1) (60 days from receipt of ALJ decision).
• Federal Court Deadline: Social Security Act §205(g), 42 U.S.C. §405(g), and 20 C.F.R. §422.210(c) (generally 60 days from receipt of Appeals Council decision).

Work Incentives and Related Rules

• Trial Work Period: 20 C.F.R. §404.1592.
• Extended Period of Eligibility: 20 C.F.R. §404.1592a.
• Expedited Reinstatement: 20 C.F.R. §404.1592b.
• Substantial Gainful Activity Criteria: 20 C.F.R. §§404.1571-404.1576 (includes earnings tests, subsidies, IRWE).
• Reporting Work: 20 C.F.R. §404.1588.
• Right to Representation: 20 C.F.R. §404.1705.
• Submitting Evidence and Deadlines: 20 C.F.R. §404.935.
• Ticket to Work Program: 20 C.F.R. Part 411.

These authorities govern how SSA evaluates work activity before and after entitlement, what counts as SGA, when you may test work, and how you can challenge an incorrect denial.

20 C.F.R. §404.900: Administrative Review Process

20 C.F.R. §404.1592: Trial Work Period

Steps to Take After an SSDI Denial

1) Read the Denial Letter Carefully

Identify whether SSA denied you for engaging in SGA, for medical reasons, or for a combination of issues (e.g., concluding your work shows capacity for SGA). Note the date on the notice. Appeal deadlines are strict: generally 60 days from when you receive the notice. SSA presumes you receive notices five days after the date on the letter unless you show otherwise. See 20 C.F.R. §§404.909(a)(1), 404.901.

2) File Your Appeal on Time

• Reconsideration: File within 60 days of receiving the initial denial. See 20 C.F.R. §404.909(a)(1).
• ALJ Hearing: If reconsideration is denied, request a hearing within 60 days of receiving the reconsideration denial. See 20 C.F.R. §404.933(b)(1).
• Appeals Council: If the ALJ denies your claim, request Appeals Council review within 60 days of receiving the ALJ decision. See 20 C.F.R. §404.968(a)(1).
• Federal Court: If the Appeals Council denies review or issues an unfavorable decision, file a civil action under 42 U.S.C. §405(g) generally within 60 days of receipt of the Appeals Council's notice. See 20 C.F.R. §422.210(c).

If you miss a deadline, you may still qualify for "good cause" to excuse late filing. See 20 C.F.R. §404.911 (good cause factors).

3) Document Your Work Activity Precisely

For work-related denials, provide:

• Pay stubs, W-2s, or payroll reports showing gross and net earnings for each month.
• Employer statements describing duties, productivity expectations, accommodations, and any extra help (subsidies/special conditions) you receive.
• IRWE receipts and logs (transportation, attendant care, adaptive devices) to reduce countable earnings under 20 C.F.R. §404.1576.
• Work schedule records and any changes in hours or duties due to your impairment.
• Medical statements linking flare-ups, hospitalizations, or medication side effects to work stoppage or reduced productivity to support an "unsuccessful work attempt" under 20 C.F.R. §404.1574(c).

4) Clarify TWP and EPE Timelines

Create a month-by-month timeline of your work and benefits. Identify the nine TWP months (not necessarily consecutive) and when your EPE started. If SSA counted a non-service month as a TWP month or misidentified your EPE, point to 20 C.F.R. §§404.1592, 404.1592a to correct the record.

5) Strengthen the Medical Record

Request updated treatment notes, diagnostic tests, and functional assessments from your Georgia providers. Ask your treating clinician to explain how symptoms limit reliable, sustained work-attendance, pace, off-task time, need for extra breaks, or absences. These details are often decisive at hearings.

6) Prepare for the ALJ Hearing

At an ALJ hearing, you can testify, present witnesses (such as supervisors familiar with your accommodations), and cross-examine vocational experts. Submit evidence early to meet the deadlines in 20 C.F.R. §404.935 unless you can show good cause. Review your SSA file and ensure the record reflects IRWE, subsidies, and any unsuccessful work attempts.

7) Consider Representation

An experienced representative can develop evidence about IRWE, subsidies, and job demands and can cross-examine vocational experts about how your accommodations change the real-world job analysis. You remain responsible for facts, but representation can help you avoid procedural pitfalls and present your case convincingly and within the regulations.

When Working While Disabled Triggers a Cessation

If you already receive SSDI and return to work, SSA will evaluate your activity under TWP and EPE rules:

• TWP: You may receive benefits for TWP service months even with high earnings for those months, subject to the annual "service month" threshold in SSA policy. See 20 C.F.R. §404.1592.
• EPE: During the 36-month re-entitlement period after TWP, SSA pays benefits for months your countable earnings are below SGA and suspends benefits for months at or above SGA. See 20 C.F.R. §404.1592a.
• Termination and EXR: If SSA terminates your benefits due to sustained SGA after the EPE, you may request expedited reinstatement within five years if inability to work recurs due to the same or related impairment. See 20 C.F.R. §404.1592b.

If SSA stops your benefits based on work, you can appeal using the same deadlines as above. Be ready to show IRWE, subsidies, or that your apparent SGA months qualify as an unsuccessful work attempt. If you disagree with the month SSA says your TWP began or ended, cite the regulation and your pay records to correct the timeline.

Find Your Local SSA Office (Official Locator)

When to Seek Legal Help for SSDI Appeals

Seek counsel promptly if your claim was denied for SGA, your benefits were ceased after returning to work, or your case involves complex issues like self-employment, commission pay, or variable subsidies. Representatives can analyze your earnings month-by-month, apply IRWE and subsidy deductions, and present legal arguments grounded in 20 C.F.R. §§404.1571-404.1592b. They can also ensure you meet the procedural demands of 20 C.F.R. §404.900 and the evidence rules at 20 C.F.R. §404.935.

In Georgia, Georgia, attorneys who practice law must be admitted to the State Bar of Georgia under the Rules Governing Admission to the Practice of Law. While non-attorney representatives may appear before SSA under 20 C.F.R. §404.1705, representation in federal court in Georgia requires admission to the appropriate U.S. District Court. You should confirm that your representative is properly qualified for your stage of appeal.

State Bar of Georgia (Attorney Licensing and Admissions)

Local Resources & Next Steps in Georgia, Georgia

Contacting SSA in Georgia

Georgia is served by SSA's Atlanta Region. You can manage claims online, by phone, or at a local field office. For in-person service, use the official SSA Office Locator to find the field office that serves your ZIP code and to verify current hours.

• SSA National Phone: 1-800-772-1213
• TTY: 1-800-325-0778
• Office Locator: SSA Office Locator

SSA operates numerous field offices throughout Georgia's major metro and regional hubs, including the Atlanta area and other population centers. If you are scheduled for a hearing before an ALJ, your case will be assigned to an SSA Office of Hearings Operations (OHO) serving your county. Use SSA's hearing office resources to confirm your designated site and how to submit evidence ahead of the hearing.

For regional context and additional contact information, see the agency's page for the Atlanta Region, which includes Georgia.

SSA Atlanta Region (Serving Georgia)

Practical Work-Related Evidence to Gather in Georgia

• Georgia employer letters describing any accommodations, reduced productivity standards, task coaching, or flexible scheduling.
• Transportation and medical expense documentation for IRWE if you pay out-of-pocket to manage your condition at work.
• Monthly earnings breakdowns to identify TWP months, EPE months, and any months that should not count as SGA due to IRWE, subsidies, or an unsuccessful work attempt.
• Treating provider opinions explaining how your impairments affect reliability, attendance, stamina, pace, and need for breaks-critical issues in assessing competitive employment capacity.

SSA Work Incentive Reference

Always verify current thresholds and program details through official SSA resources. For SGA, SSA publishes current monthly amounts; for TWP, SSA publishes the service month threshold each year.

• SSA SGA Amounts (Official)
• 20 C.F.R. §404.1592: Trial Work Period

Frequently Asked Questions for Georgia Claimants

Does any work automatically disqualify me from SSDI?

No. Work below SGA generally does not disqualify you, and the TWP allows you to test work while receiving benefits for up to nine service months. Properly accounting for IRWE, subsidies, and unsuccessful work attempts can keep your countable earnings under SGA. See 20 C.F.R. §§404.1592, 404.1574(a)(2), 404.1576, 404.1574(c).

How do I know if a month counts as a TWP month?

SSA counts a TWP month when you perform "services" in that month as defined by SSA policy and regulation. The threshold is adjusted periodically by SSA. Confirm each month with your pay records and SSA's criteria. See 20 C.F.R. §404.1592.

What if SSA says I was overpaid after I tried working?

You can appeal the overpayment determination and request a waiver if you were without fault and repayment would be unfair or defeat the purpose of the Act. See 20 C.F.R. §§404.502, 404.506. Document timely reporting and communications to support a waiver.

How long do I have to appeal a denial in Georgia?

The deadlines are federal and apply in Georgia: generally 60 days at each administrative stage, with a five-day mailing receipt presumption. See 20 C.F.R. §§404.909(a)(1), 404.933(b)(1), 404.968(a)(1), and 42 U.S.C. §405(g).

Can a Georgia attorney help if I'm already at federal court?

Yes. A lawyer must be admitted to practice in the appropriate U.S. District Court in Georgia and comply with local rules. Your attorney will brief legal issues under 42 U.S.C. §405(g) and the applicable regulations, focusing on whether the ALJ applied the correct legal standards and whether substantial evidence supports the decision.

Checklist: Appealing an SSDI Denial Involving Work

• Mark your deadline from the notice date; calendar 60 days plus five for mailing.
• Request reconsideration online or via forms; keep proof of submission. See 20 C.F.R. §404.909.
• Collect work evidence: pay stubs by month, employer statements, IRWE receipts, schedule changes, and productivity notes.
• Build a timeline of TWP months, EPE months, and any periods of unsuccessful work attempts with medical corroboration.
• Update medical records and obtain functional opinions describing work-related limitations.
• Submit evidence on time under 20 C.F.R. §404.935; identify any good cause if late.
• Prepare hearing testimony on how your impairments affect pace, attendance, and off-task time; address accommodations and subsidies.
• Consider representation under 20 C.F.R. §404.1705 to help present and argue your case.

Key Takeaways for Georgia, Georgia Claimants

• Working while disabled does not automatically end SSDI; TWP and EPE can protect benefits. See 20 C.F.R. §§404.1592, 404.1592a.
• SSA must consider IRWE, subsidies, and unsuccessful work attempts before finding SGA. See 20 C.F.R. §§404.1574(a)(2), 404.1576, 404.1574(c).
• Appeals are time-sensitive at every stage: reconsideration, ALJ hearing, Appeals Council, and federal court. See 20 C.F.R. §§404.909, 404.933, 404.968; 42 U.S.C. §405(g).
• You have the right to representation and to submit evidence. See 20 C.F.R. §§404.1705, 404.935.
• Use SSA's official resources to verify SGA amounts and locate your Georgia field office.

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Authoritative Resources

• 20 C.F.R. §404.900 (Administrative Review Process)
• 20 C.F.R. §404.1592 (Trial Work Period)
• SSA SGA Amounts (Official)
• SSA Office Locator (Find Your Local Office in Georgia)
• State Bar of Georgia (Licensing Information)

Disclaimer

This guide is for informational purposes only and is not legal advice. Laws and regulations change, and your situation is unique. Consult a licensed Georgia attorney about your specific case.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.