Working While on SSDI: Florida, Florida Guide

Working While on SSDI in Florida, Florida: What to Know After a Denial

Many Floridians on Social Security Disability Insurance (SSDI) want to test their ability to work without jeopardizing critical benefits. The Social Security Administration (SSA) provides several work incentives designed to make that possible, including the Trial Work Period and the Extended Period of Eligibility. But if you work and the SSA decides your earnings show you can engage in substantial gainful activity (SGA), your claim may be denied at the initial level or your ongoing benefits may be stopped (a cessation). A denial or cessation is not the end of the road—you have rights and a structured, time-sensitive appeals process to challenge that decision.

This guide is tailored to disability claimants in Florida, Florida. It covers the federal rules that govern work while receiving SSDI, common reasons the SSA denies claims based on work activity, how to appeal, and where to find Florida-specific support. We slightly favor the claimant’s perspective, emphasizing practical steps to protect your benefits while complying with federal law. All rules and timelines described here derive from the Social Security Act and the Code of Federal Regulations (CFR). When in doubt, verify the most current figures and forms directly through the SSA.

Whether you live in Miami-Dade, Central Florida, the Tampa Bay area, the Panhandle, or the First Coast, Florida residents access SSDI under the same federal standards as the rest of the country. Florida follows the standard four-step SSDI appeals sequence: Reconsideration, hearing before an Administrative Law Judge (ALJ), Appeals Council review, and federal court under 42 U.S.C. § 405(g). Local SSA field offices and hearing offices throughout Florida help process claims and appeals. If your claim was denied because of work activity—or you received a Notice of Cessation after trying to work—use this guide to plan your next steps promptly.

Understanding Your SSDI Rights When You Work

Your core rights under federal law

SSDI is a federal insurance program. To be “disabled” under the Social Security Act, your medically determinable impairment must prevent substantial gainful activity and be expected to last at least 12 months or result in death. See Social Security Act § 223(d), 42 U.S.C. § 423(d). Federal regulations define how work activity is evaluated:

• Work activity and SGA: The SSA evaluates whether your work is SGA under 20 C.F.R. §§ 404.1571–404.1576. Section 404.1572 defines SGA; §§ 404.1574 and 404.1575 explain how the SSA evaluates earnings for employees and self-employed workers; § 404.1576 explains impairment-related work expenses (IRWE) that can reduce countable earnings.
• Trial Work Period (TWP): Under 20 C.F.R. § 404.1592, SSDI beneficiaries can test work for up to nine months (not necessarily consecutive) within a rolling 60-month window while continuing to receive benefits regardless of how high earnings are in a TWP month. SSA sets an annual dollar amount to determine whether a month counts as a TWP month; check current thresholds on SSA’s website.
• Extended Period of Eligibility (EPE): After the TWP, you enter the 36-month EPE. Under 20 C.F.R. § 404.1592a, your benefits are payable for any month your countable earnings fall below the SGA level and may be suspended for months above SGA. This safety net allows you to move in and out of work without immediately losing entitlement.
• Unsuccessful Work Attempt (UWA): Work that stops or is reduced to below SGA within six months because of your impairment or the removal of special conditions may not count as SGA under 20 C.F.R. § 404.1574(c) (employees) and § 404.1575(d) (self-employed).
• Subsidies and special conditions: If your employer subsidizes your wages or you work under special conditions (e.g., extra supervision), the value of that subsidy can be subtracted from gross earnings in determining SGA. See 20 C.F.R. § 404.1574(a)(2).
• Impairment-Related Work Expenses (IRWE): Certain out-of-pocket expenses related to your impairment that enable you to work can be deducted from earnings when evaluating SGA. See 20 C.F.R. § 404.1576.

Continuing disability reviews (CDRs) and cessations

If the SSA reviews your case and decides your disability has medically improved or your work shows you can engage in SGA, it may issue a cessation of benefits. You have the right to appeal. Importantly, in certain medical cessation situations, you may elect to continue receiving benefits during your appeal if you act quickly—generally by requesting reconsideration within 10 days after you receive the cessation notice. See 20 C.F.R. § 404.1597a(i). You still have 60 days to appeal the cessation overall, but the 10-day window is crucial if you want benefits to continue during the appeal.

Right to representation and fair process

You have the right to be represented by an attorney or qualified representative at all stages. See 20 C.F.R. § 404.1705. SSA must approve representative fees. See 42 U.S.C. § 406(a); 20 C.F.R. §§ 404.1720, 404.1725. At the ALJ level, you also have the right to a fair hearing and to submit evidence. Generally, evidence should be submitted at least five business days before the hearing, unless you show good cause for late submission. See 20 C.F.R. § 404.935.

Common Reasons SSA Denies SSDI Claims Involving Work

SSDI claims in Florida, Florida are decided under uniform federal rules. When work is involved, denials and cessations frequently arise from the following issues:

• Earnings above SGA without applicable reductions: If your gross earnings consistently exceed the SGA threshold and there is no applicable deduction for IRWE, subsidies, or special conditions, the SSA may find you are engaging in SGA under 20 C.F.R. §§ 404.1572–404.1574.
• Inadequate proof of subsidies or IRWE: The SSA will not reduce countable earnings for employer subsidies or IRWE unless you document them. Lack of employer statements, receipts, or medical justification often leads to denials.
• No clear link between work stoppage and impairment (UWA): To treat a brief work attempt as a UWA under 20 C.F.R. § 404.1574(c), you must show the work ended—or earnings fell below SGA—within six months due to your impairment or loss of special conditions. Missing records of flare-ups, ER visits, or physician notes undercut UWA claims.
• Self-employment not properly evaluated: For self-employed workers, the SSA evaluates “significant services and substantial income,” or the value of your work activity, not just net profit. See 20 C.F.R. § 404.1575. Denials arise when claimants provide only tax returns and no details about hours, duties, or help from others.
• TWP/EPE misunderstandings: Beneficiaries may assume that benefits continue indefinitely while working. After the TWP, months above SGA can cause suspension during the EPE, and benefits can eventually terminate after the EPE. Failure to track TWP months and EPE status frequently leads to cessation notices.
• Failure to cooperate with evidence requests: If the SSA requests information about your work, medical treatment, or functional limits and you do not respond, a denial can result. See 20 C.F.R. § 404.1518 (failure to cooperate).
• Failure to follow prescribed treatment: Under 20 C.F.R. § 404.1530, you may be denied if you refuse prescribed treatment that could restore your ability to work, absent good cause.
• Medical improvement determinations during CDR: Even with limited or no work, a CDR can lead to a cessation if evidence shows medical improvement related to your ability to work. See 20 C.F.R. § 404.1594.

A key theme: evidence drives outcomes. Detailed, timely documentation about your work, medical conditions, functional limitations, and any applicable deductions or subsidies is essential to avoid avoidable denials and to prevail on appeal.

Federal Legal Protections and Regulations to Know

Below are cornerstone provisions that govern working while on SSDI and the appeals process, all applicable to claimants in Florida, Florida:

• Definition of disability: Social Security Act § 223(d), 42 U.S.C. § 423(d).
• Right to judicial review: Social Security Act § 205(g), 42 U.S.C. § 405(g).
• Work activity and SGA framework: 20 C.F.R. §§ 404.1571–404.1576, including SGA definitions, UWA, evaluation for employees and self-employed, and IRWE deductions.
• Trial Work Period: 20 C.F.R. § 404.1592.
• Extended Period of Eligibility: 20 C.F.R. § 404.1592a.
• Continuing Disability Review and benefit continuation election: 20 C.F.R. § 404.1597a (including the 10-day election to continue benefits during appeal of a medical cessation).
• Appeals deadlines: Reconsideration (20 C.F.R. § 404.909), ALJ hearing (20 C.F.R. § 404.933), Appeals Council (20 C.F.R. § 404.968). The regulation at 20 C.F.R. § 404.981 explains finality at the Appeals Council stage and points to judicial review. The 60-day statute for filing in federal court is in 42 U.S.C. § 405(g).
• Presumption of notice and good cause for late filing: 20 C.F.R. § 404.901 (presumed receipt five days after the date on SSA’s notice) and 20 C.F.R. § 404.911 (good cause standards).
• Right to representation and fees: 20 C.F.R. § 404.1705 (representatives), 20 C.F.R. §§ 404.1720, 404.1725, and 42 U.S.C. § 406(a) (fee approval).
• Evidence submission at ALJ hearings: 20 C.F.R. § 404.935 (five-day evidence rule, with good cause exceptions).

These provisions apply uniformly across all states, including Florida. The SSA annually adjusts certain amounts such as SGA and the dollar threshold for a TWP month. For the most current figures and detailed policy explanations, consult the SSA’s official resources linked below.

Steps to Take After an SSDI Denial or Cessation Related to Work

Act quickly. SSDI denials and cessations involve strict deadlines. In Florida, Florida, you follow the federal appeals path described below. Each step generally requires filing within 60 days after you receive the notice (with a five-day mailing presumption unless you show you received it later). See 20 C.F.R. §§ 404.909, 404.933, 404.968; 20 C.F.R. § 404.901.

1) Reconsideration

• Deadline: File within 60 days of receipt of the denial or cessation notice. See 20 C.F.R. § 404.909.
• Continuing benefits for cessations: If you received a medical cessation notice, you may request to continue benefits during appeal by making the election within 10 days of receiving the notice. See 20 C.F.R. § 404.1597a(i). This 10-day election is separate from the 60-day appeal deadline.
• Focus: Correct work-related misunderstandings. Provide proof of IRWE (receipts, medical documentation), employer subsidy letters, special conditions documentation, and medical evidence linking any brief work attempt to your impairment (UWA). If self-employed, submit detailed descriptions of hours, duties, help from others, and any business accommodations.
• How to file: Online, by mail, or in person through a local SSA field office. You can locate your Florida field office via the SSA’s office locator.

2) Hearing before an Administrative Law Judge (ALJ)

• Deadline: Request a hearing within 60 days after receiving the reconsideration denial. See 20 C.F.R. § 404.933.
• Evidence rule: Submit or inform the ALJ about all evidence at least five business days before the hearing unless you can show good cause. See 20 C.F.R. § 404.935.
• Strategy: Organize earnings records, pay stubs, W-2s/1099s, employer statements about subsidies/special conditions, IRWE receipts, and updated medical evidence. Prepare testimony about job demands, pace, attendance, and why your impairment prevented sustained work or required accommodations.
• Remote or in-person hearings: SSA conducts hearings by phone, online video, or in person at hearing offices. Florida has multiple hearing office locations serving different parts of the state.

3) Appeals Council

• Deadline: Request review within 60 days after receiving the ALJ decision. See 20 C.F.R. § 404.968.
• Claims of error: Identify legal errors (e.g., failure to apply 20 C.F.R. § 404.1576 IRWE deductions), factual errors, or abuse of discretion. You may submit new and material evidence that relates to the period on or before the ALJ decision.

4) Federal court

• Deadline: File a civil action within 60 days after receiving notice of the Appeals Council’s decision or denial of review. See 42 U.S.C. § 405(g). The SSA’s regulation at 20 C.F.R. § 404.981 addresses finality and availability of judicial review.
• Scope: The court reviews whether the SSA’s decision is supported by substantial evidence and whether the correct legal standards were applied.

Documentation checklist for work-related cases

• Pay stubs, W-2s/1099s, payroll records, or detailed self-employment logs.
• Employer subsidy letters specifying the value of extra supervision, reduced productivity adjustments, or sheltered conditions.
• Descriptions of special conditions (job coach, flexible schedule, extra breaks) and how they reduced your effective productivity.
• IRWE receipts and doctor statements linking those expenses to your impairment (e.g., mobility aids, specialized transportation, attendant care related to work).
• Medical records showing why work stopped or was reduced below SGA (for UWA), including physician notes and treatment records.
• Function reports and third-party statements describing attendance problems, off-task time, or symptom flare-ups.

When to Seek Legal Help for SSDI Appeals

Work-related SSDI denials and cessations can be technically complex. Distinguishing gross pay from countable earnings, proving subsidies, documenting IRWE, explaining UWA, and navigating TWP/EPE rules all require precise evidence and regulatory analysis. Consider consulting a Florida disability attorney if:

• You received a medical cessation notice and need to elect continued benefits within 10 days while also preparing a strong reconsideration case.
• Your earnings were near SGA and you need help documenting subsidies or IRWE to reduce countable earnings under 20 C.F.R. §§ 404.1574–404.1576.
• You are self-employed and must address 20 C.F.R. § 404.1575’s evaluation of significant services and substantial income.
• You need to prepare testimony and evidence for an ALJ hearing within the five-day rule under 20 C.F.R. § 404.935.

Representation before the SSA may be by an attorney or a qualified non-attorney representative. See 20 C.F.R. § 404.1705. Attorney fees require SSA approval and are subject to statutory and regulatory limits. See 42 U.S.C. § 406(a); 20 C.F.R. §§ 404.1720, 404.1725. In Florida, only lawyers admitted and in good standing with The Florida Bar may provide legal advice as attorneys licensed in Florida. When hiring a representative, confirm their licensure and SSA representative status.

Local Resources and Next Steps for Florida, Florida

Florida-specific SSA access

Florida residents interact with the SSA through local field offices and hearing offices throughout the state, including major population centers such as Miami, Orlando, Tampa, Jacksonville, and others. Use the SSA’s official office locator to find the correct field office for filing appeals, submitting evidence, or updating work activity. Florida is served within SSA’s Atlanta Region.

How to verify current SGA, TWP, and EPE thresholds

The SGA monthly amount and the TWP dollar threshold are adjusted periodically. Before you appeal—or before you start or change work—verify current amounts directly from the SSA. Doing so ensures your evidence and arguments use the correct figures when discussing whether your earnings are above SGA or whether a month counts toward the TWP. If your countable earnings are near the SGA amount, documentation of IRWE, subsidies, and special conditions can be outcome-determinative.

Practical timeline tips for Florida claimants

• Mark every deadline: You generally have 60 days to appeal each decision. See 20 C.F.R. §§ 404.909, 404.933, 404.968; 42 U.S.C. § 405(g) for federal court. The SSA presumes you receive notices five days after the date on the notice unless you show otherwise. See 20 C.F.R. § 404.901.
• Act within 10 days for benefit continuation: For medical cessations, request continued benefits within 10 days to keep payments going while you appeal. See 20 C.F.R. § 404.1597a(i).
• Use the five-day evidence rule: At the ALJ level, submit evidence at least five business days before the hearing or establish good cause for late evidence. See 20 C.F.R. § 404.935.
• Keep comprehensive records: Save job descriptions, schedules, performance evaluations, and communications about accommodations. Precise documentation helps the SSA correctly consider subsidies, special conditions, and IRWE.

Key federal resources

SSA: Working While Receiving Disability Benefits (TWP/EPE/SGA overview)SSA: How to Appeal a Decision (Forms and process)eCFR: 20 C.F.R. Part 404 (Disability Insurance Regulations)SSA Office Locator for Florida Field OfficesThe Florida Bar Lawyer Referral Service

Detailed Guidance: Building a Strong Work-Related SSDI Appeal

1. Clarify your status: TWP, EPE, or post-EPE

Establish where you are in the work-incentive timeline. If you were in a TWP month under 20 C.F.R. § 404.1592, benefits should not be denied or ceased due to earnings in that month alone. If you are within the EPE (20 C.F.R. § 404.1592a), benefits may be payable for months under SGA and suspended for months at or above SGA. If you are beyond the EPE and benefits stopped due to work, consider whether expedited reinstatement (EXR) under the Social Security Act is available if your disability again prevents work.

2. Document IRWE and subsidies to reduce countable earnings

When your gross earnings exceed SGA, the SSA must still subtract documented IRWE and employer subsidies/special conditions to determine countable earnings. See 20 C.F.R. §§ 404.1574(a)(2), 404.1576. Examples of IRWE (subject to SSA criteria) include specialized transportation, attendant care services, and certain medical devices. Employer subsidy letters should describe the extra supervision, reduced productivity, or training support you receive and quantify its value if possible.

3. Establish UWA when work stopped quickly

Show that the work ended or was reduced below SGA within six months due to your impairment or the loss of special conditions. Tie your timeline to clinical events—e.g., symptom flare-ups, hospitalizations, medication side effects. Cite 20 C.F.R. § 404.1574(c) (employees) or § 404.1575(d) (self-employed) in your appeal letter.

4. Address self-employment carefully

Under 20 C.F.R. § 404.1575, the SSA may evaluate your role based on significant services and substantial income or the value of your work activity, not just net profit. Provide logs of hours worked, detailed descriptions of tasks, accommodations, and help from others. If business income reflects capital investment or other people’s labor, make that clear.

5. Strengthen medical evidence

Even when work activity is central, medical evidence remains critical. Update treatment records, imaging, and functional assessments. Ask your treating provider for a medical source statement addressing your ability to sustain full-time work activity, including attendance, off-task behavior, lifting, standing/walking, and pace. If you attempted work and stopped due to your impairments, obtain a note tying that cessation to specific medical limitations.

6. Mind every deadline and keep copies

Track the 60-day appeal windows and the five-day hearing submission rule, and promptly request continued benefits within 10 days if appealing a medical cessation. Keep stamped copies, certified mail receipts, or SSA online confirmation pages for each filing.

Frequently Asked Questions for Florida Claimants

Can I work part-time on SSDI without losing benefits?

Yes, but outcomes depend on where you are in TWP/EPE, your monthly earnings, and the nature of your work. SSA may subtract IRWE and subsidies from earnings when evaluating SGA. See 20 C.F.R. §§ 404.1574–404.1576. Verify current SGA and TWP dollar thresholds with SSA.

What if I already used my TWP months?

After the TWP, you enter the EPE. Benefits are generally payable for months when countable earnings fall below SGA and may be suspended for months at or above SGA. See 20 C.F.R. § 404.1592a. Keep careful records and report changes promptly.

I got a cessation notice after a Continuing Disability Review—what now?

File a reconsideration within 60 days, and to keep benefits flowing during the appeal, elect continuation within 10 days of receipt of the notice. See 20 C.F.R. § 404.1597a(i). Submit updated medical evidence and any work-related evidence (IRWE, subsidies, UWA) that supports continued disability.

Do I need a Florida disability attorney?

You may represent yourself, but many claimants find counsel helpful, especially in cases involving complex work rules. Representatives must meet SSA requirements (20 C.F.R. § 404.1705), and attorneys practicing law in Florida must be licensed by The Florida Bar. Fees must be approved by SSA (42 U.S.C. § 406(a); 20 C.F.R. §§ 404.1720, 404.1725).

How do I find my local SSA office in Florida?

Use SSA’s official office locator to find your nearest field office. Many offices offer appointments for filing appeals, submitting documents, or updating your work activity.

Using SEO to Find Help

When researching next steps, Florida claimants often search phrases like “SSDI appeals,” “social security disability,” “florida disability attorney,” and the primary phrase “SSDI denial appeal florida florida.” These searches can help you locate current SSA rules, local resources, and qualified representatives. Always verify information against the SSA’s official publications and the CFR.

Action Plan Summary for Florida, Florida Claimants

• Identify your stage: Are you in TWP, EPE, or beyond? Apply the correct regulation (20 C.F.R. §§ 404.1592, 404.1592a).
• Audit your earnings: Compare to current SGA. Document IRWE, subsidies, and special conditions (20 C.F.R. §§ 404.1574–404.1576).
• If work ended quickly: Build a UWA argument with medical corroboration (20 C.F.R. § 404.1574(c) or § 404.1575(d)).
• Appeal on time: Reconsideration, hearing, Appeals Council, court—each within 60 days of receipt (20 C.F.R. §§ 404.909, 404.933, 404.968; 42 U.S.C. § 405(g)). Use the 10-day election to continue benefits for medical cessations (20 C.F.R. § 404.1597a(i)).
• Prepare evidence early: Meet the five-day rule for ALJ hearings (20 C.F.R. § 404.935).
• Consider representation: A Florida-licensed attorney can help frame the regulations to your facts and manage deadlines and evidence.

Legal Disclaimer

This guide provides general information for Florida, Florida SSDI claimants and is not legal advice. Laws and regulations change, and your facts matter. Consult a licensed Florida attorney about your specific situation.

Contact

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