Working While on SSDI: Kansas, KS Denial Appeal Guide

Working While on SSDI: What Kansas Claimants Need to Know After a Denial

If you live in Kansas and received a denial on your Social Security Disability Insurance (SSDI) claim, you are not alone—and you are not out of options. SSDI benefits are federal, but how you approach your evidence, deadlines, and hearings can make a critical difference for claimants in Wichita, Topeka, Kansas City (KS), and communities statewide. This guide explains what to do after an SSDI denial when work activity is part of your story—whether you tried to keep working, attempted a part-time job, or tested your abilities through a work trial. We take a slightly claimant-forward approach grounded in federal law and Social Security Administration (SSA) policy, so you understand your rights and the steps to protect them in Kansas.

Working, even sporadically, can affect how SSA views your claim. However, federal rules are more nuanced than a simple “work equals denial.” The SSA recognizes trial work periods, extended eligibility after trials, unsuccessful work attempts, and the need to encourage people with disabilities to try returning to the workforce. If your claim was denied because of work activity—real or perceived—this guide explains what those rules mean and how to address them on appeal.

Below, you will find the appeals process, key federal protections (with citations to the Code of Federal Regulations), time limits, and practical steps Kansas claimants can take to move a denial toward an approval. We also include Kansas-focused pointers on local SSA access and finding help. Whether you file online, submit forms by mail, or interact with a local SSA office in Kansas, the required procedures and legal standards are federal. Your job is to meet the deadlines, supply the right evidence, and insist—politely but firmly—that SSA apply its own rules correctly to your case.

Understanding Your SSDI Rights

Who qualifies for SSDI

SSDI is a federal insurance program for workers who have paid Social Security taxes and can no longer engage in substantial gainful activity (SGA) due to a medically determinable impairment expected to last at least 12 months or result in death. The definition of disability comes from the Social Security Act. See 42 U.S.C. § 423(d). SSA uses a five-step sequential evaluation, which includes whether you are working at SGA, whether your condition is “severe,” whether it meets or equals a listed impairment, your ability to do past work, and your ability to adjust to other work based on residual functional capacity (RFC), age, education, and work experience. The RFC framework is set out at 20 C.F.R. § 404.1545.

Your right to appeal

Every SSDI denial comes with appeal rights and strict deadlines. You generally have 60 days from receipt of the decision to appeal each step (SSA presumes you receive its notice 5 days after the date on the letter unless you show otherwise). These time limits are set by regulation, including 20 C.F.R. §§ 404.909 (reconsideration), 404.933 (hearing before an Administrative Law Judge), 404.968 (Appeals Council), and 404.982 (civil action). If the Appeals Council denies review or issues an unfavorable decision, you may file a civil action in federal court under 42 U.S.C. § 405(g) within 60 days of receiving the final decision.

Your right to representation and to submit evidence

You may appoint a representative to help you through all stages of your SSDI claim, including reconsideration, hearings, and Appeals Council review. The representative can be an attorney licensed in any state, including Kansas, or a qualified non-attorney, consistent with 20 C.F.R. § 404.1705. You also have the right to examine your file, submit evidence, and present arguments at each level, including the hearing. SSA rules on evidence responsibilities and timing are set out in 20 C.F.R. § 404.1512, and the five-day evidence rule for hearings appears in 20 C.F.R. § 404.935.

Common Reasons SSA Denies SSDI Claims When Work Is Involved

1) Substantial Gainful Activity (SGA) above the limit

SSA generally denies claims at Step 1 if your earnings show you are performing SGA. The definition of SGA and how earnings are evaluated are in 20 C.F.R. §§ 404.1572–404.1574. Not all earnings count equally; SSA considers the value of your work, subsidies, and special conditions. For employees, the monthly earnings guidelines are published and updated annually. For the current thresholds, consult SSA’s SGA page. If you exceeded the SGA threshold before or during your alleged disability period, SSA may deny the claim. However, if you only briefly exceeded SGA because you tried to work and couldn’t sustain it, you may qualify for an unsuccessful work attempt determination.

2) SSA misclassifies your work attempt

Short-term returns to work may be an unsuccessful work attempt (UWA) if they lasted a brief period and ended because of your impairment. UWAs are considered under SSA policy and can prevent SSA from counting those earnings as SGA. If SSA denied you by treating a UWA as sustained SGA, you can correct the record by submitting documentation from your employer, medical providers, or both showing why the work ended and how your impairment limited you.

3) Trial Work Period (TWP) confusion

For people already on SSDI, the trial work period allows you to test your ability to work for up to 9 service months within a rolling 60-month period without losing disability status, per 20 C.F.R. § 404.1592. A denial during a continuing disability review (CDR) or payment cessation may occur if SSA decides you used up your TWP months and then worked above SGA during the extended period of eligibility (EPE). If SSA’s month counts or earnings calculations are wrong, you can appeal.

4) Extended Period of Eligibility (EPE) and grace period issues

After the TWP, you typically enter a 36-month extended period of eligibility (EPE), governed by 20 C.F.R. § 404.1592a. During the EPE, benefits can restart for months you do not perform SGA and stop for months you do. There is also a grace period around the first cessation. Disputes often arise over which months count as SGA, whether special conditions or subsidies applied, and whether SSA properly applied the grace period. If SSA stopped your benefits incorrectly, you can appeal that cessation decision.

5) Medical evidence gaps or timing problems

SSA may deny claims when the file is missing longitudinal treatment records, objective testing, or functional assessments that show how your conditions limit you. If your condition worsened after the initial decision or you have new evidence, you can submit it on reconsideration and at hearing, consistent with the evidence rules and timeliness requirements.

6) Past work and transferable skills

SSA may assert you can perform past relevant work (Step 4) or other work (Step 5). Work attempts can be misconstrued as evidence you can sustain full-time competitive employment. Your appeal should clarify the difference between sporadic or accommodated activity and sustained SGA-level work, using detailed functional evidence.

Federal Legal Protections & Regulations You Can Use

Key disability and work rules

• Definition of disability: 42 U.S.C. § 423(d) (Social Security Act) sets the standard for disability, which SSA applies through the sequential evaluation process.
• Residual Functional Capacity (RFC): 20 C.F.R. § 404.1545 explains how SSA assesses your maximum remaining ability to do work activities on a sustained basis.
• Substantial Gainful Activity (SGA): 20 C.F.R. §§ 404.1572–404.1574 define SGA and how SSA evaluates earnings. Employee SGA evaluation is detailed in 20 C.F.R. § 404.1574.
• Trial Work Period (TWP): 20 C.F.R. § 404.1592 allows up to 9 service months in a rolling 60-month window where you can test work without losing disability status.
• Extended Period of Eligibility (EPE): 20 C.F.R. § 404.1592a describes the 36-month reentitlement period after TWP, including cessation and grace-period rules.
• Continuing Disability Review (CDR) & work reviews: 20 C.F.R. § 404.1590 addresses when and how SSA assesses whether disability continues, including work-related reviews.
• Evidence responsibilities: 20 C.F.R. § 404.1512 requires you to inform SSA about and submit evidence of your impairments; 20 C.F.R. § 404.935 covers evidence timing at hearings.

Appeal rights, deadlines, and court review

• Reconsideration: 20 C.F.R. § 404.909 (generally 60 days to request reconsideration of an initial determination).
• Hearing before an ALJ: 20 C.F.R. § 404.933 (generally 60 days to request a hearing after a reconsideration denial).
• Appeals Council: 20 C.F.R. § 404.968 (generally 60 days to request review of an ALJ decision).
• Civil action in federal court: 20 C.F.R. § 404.982 and 42 U.S.C. § 405(g) (generally 60 days after receipt of the Appeals Council’s final decision to file in federal district court).

SSA presumes you receive its decision notices 5 days after the date on the notice unless you can show you received it later; this presumption applies across appeal levels. If you miss a deadline, you can ask SSA to extend the time for good cause. Be specific and provide proof where possible.

Steps to Take After an SSDI Denial in Kansas

1) Read the denial carefully and calendar deadlines

Identify why SSA denied your claim—SGA, medical evidence, ability to do past work, or other reasons. Mark the appeal deadline on your calendar immediately. You generally have 60 days from receipt of the notice to appeal to the next level (plus the 5-day mailing presumption), per 20 C.F.R. §§ 404.909, 404.933, 404.968.

2) Appeal promptly—do not start over unless advised

Use SSA’s online appeal system or file the appropriate request through your local SSA office. Starting a new application can forfeit retroactive benefits and reset your filing date. In most cases, appealing preserves your rights and the earliest possible onset date.

3) Address work activity explicitly

• If SSA alleged SGA: Gather pay stubs, employer statements, and evidence of special conditions or subsidies that reduced the real value of your work. Cite 20 C.F.R. § 404.1574 for employee earnings evaluations and SSA’s SGA annual guidelines.
• If your work ended quickly: Explain why—doctor’s orders, exacerbations, side effects, or other impairment-related reasons. Document the duration and why it was an unsuccessful work attempt rather than sustained SGA.
• If you were already on SSDI: Request SSA’s accounting of your TWP service months and EPE months. Compare their count to your records. If inaccurate, point to 20 C.F.R. §§ 404.1592 and 404.1592a and correct the record.

4) Shore up medical evidence for each period in question

SSA’s decisions turn on functional capacity and duration, not just diagnoses. Obtain treatment notes, objective testing, and medical opinions addressing your specific work-related limitations. Make sure records cover the relevant periods—before, during, and after any work attempts—so SSA can see why your work was not sustainable. Use the RFC framework at 20 C.F.R. § 404.1545 to guide provider opinions.

5) Explain special conditions, subsidies, and accommodations

If you worked with extra help—frequent breaks, fewer or easier duties, lower productivity tolerated, or employer-provided subsidies—explain these conditions. SSA considers whether you were paid more than the actual value of your services or worked under special conditions before finding SGA. Employer statements are helpful.

6) Prepare for reconsideration and, if needed, a hearing

At reconsideration, a different adjudicator reviews your case anew. If denied again, you can request a hearing before an Administrative Law Judge (ALJ), where you may testify, question vocational experts, and present evidence. Adhere to 20 C.F.R. § 404.935’s 5-day evidence rule for hearings: submit or inform SSA about evidence at least 5 business days before the hearing unless an exception applies.

7) Appeals Council and federal court

If the ALJ denies your claim, you can request Appeals Council review, emphasizing legal errors, new and material evidence, or issues of policy. After the Appeals Council, you can file in federal district court under 42 U.S.C. § 405(g). These steps are technical; consider consulting counsel.

Working While on SSDI: Trial Work, EPE, SGA, and Unsuccessful Work Attempts

Trial Work Period (TWP)

The TWP lets SSDI recipients test their ability to work for up to 9 service months in a rolling 60-month window, regardless of the amount of earnings in those months. A “service month” is any month in which your work effort meets the TWP threshold. See 20 C.F.R. § 404.1592 for the governing rules. TWP months are counted even if you later stop working. Miscounted TWP months can lead to incorrect cessations; compare SSA’s month count with your own records and appeal if necessary.

Extended Period of Eligibility (EPE)

After TWP ends, the EPE provides a 36-month reentitlement period. During the EPE, your benefits can restart in months your earnings fall below SGA and stop in months you exceed SGA, with specific rules about the initial cessation and grace months. See 20 C.F.R. § 404.1592a. If SSA stops your benefits during EPE based on incorrect earnings or without accounting for subsidies, special conditions, or impairment-related work expenses (IRWEs), you can challenge the decision.

Substantial Gainful Activity (SGA)

SGA is the level of work that demonstrates the ability to perform significant physical or mental activities for pay. For employees, SSA uses monthly earnings guidelines and considers factors such as subsidies and special conditions. See 20 C.F.R. § 404.1574 and SSA’s SGA page for the current dollar amounts. If you are self-employed, different tests apply that consider the value of your services, not just income.

Unsuccessful Work Attempts (UWA)

A UWA can prevent short-lived, impairment-limited work from being counted as SGA. While UWAs are addressed in SSA policy, the core concept is that brief attempts that fail because of your impairment do not prove sustained work capacity. Evidence that the job ended due to medical limitations (rather than, say, layoffs) is critical: discharge summaries, provider letters, employer statements, and attendance records can help.

Impairment-Related Work Expenses (IRWEs)

SSA may deduct certain impairment-related expenses from earnings when assessing SGA. If you pay out of pocket for items or services needed to work despite your impairment (for example, certain medical devices or attendant care), these may reduce counted earnings. Provide receipts and medical support to SSA. This can be important in borderline SGA cases.

How These Rules Play Out on Appeal

On appeal, your task is to align facts with the regulations. If SSA denied you at Step 1 for SGA, you can argue that:

• Your brief work ended due to your impairment and should be considered a UWA rather than SGA;
• Your pay reflected subsidies or special conditions such that counted earnings fall below SGA (20 C.F.R. § 404.1574);
• You had IRWEs that reduce countable earnings;
• Your RFC during the relevant period precluded sustained, competitive employment, consistent with 20 C.F.R. § 404.1545.

If SSA ceased your benefits after a work review, you can argue that:

• SSA miscounted TWP or misapplied EPE rules (20 C.F.R. §§ 404.1592, 404.1592a);
• The cessation month and grace-period rules were not properly applied;
• CDR standards and work-review procedures under 20 C.F.R. § 404.1590 were not followed;
• Your actual earnings, after considering subsidies and IRWEs, did not exceed SGA in the cessation month and thereafter.

When to Seek Legal Help for SSDI Appeals

Consider consulting an attorney if your case involves complex work activity, TWP/EPE disputes, vocational expert testimony, or multiple conditions with fluctuating symptoms. A representative can help you:

• Develop the record strategically to show functional limits across specific time periods;
• Obtain and submit medical source statements consistent with RFC principles (20 C.F.R. § 404.1545);
• Cross-examine vocational experts about the feasibility of sustained work given your limitations;
• Navigate evidence deadlines (20 C.F.R. § 404.935) and appeal filings (20 C.F.R. §§ 404.909, 404.933, 404.968);
• Escalate to the Appeals Council and federal court under 42 U.S.C. § 405(g) if necessary.

SSA permits representation by attorneys licensed in any state and qualified non-attorneys, per 20 C.F.R. § 404.1705. In Kansas, many claimants prefer a local or Kansas-licensed attorney familiar with Kansas medical systems and SSA hearing practices serving the state.

Local Resources & Next Steps for Kansas Claimants

Accessing SSA services in Kansas

Kansas residents can appeal online or through local SSA field offices. SSA offers an Office Locator to identify the nearest field office by ZIP code. Major population centers in Kansas include Wichita, Topeka (the state capital), and Kansas City (KS). Use the locator to confirm office information, hours, and mailing addresses before visiting or sending documents.

File and track appeals online: SSA Appeal a DecisionFind your nearest SSA office in Kansas: SSA Office Locator You can also call SSA’s national line at 1-800-772-1213 (TTY 1-800-325-0778) for assistance with appeals and appointments.

Medical documentation in Kansas

SSA decisions rely on medical evidence. Work with your Kansas-based healthcare providers to obtain treatment notes, imaging, test results, and functional capacity assessments that reflect your limitations during the relevant timeframes—especially around any work attempts. Make sure records from hospitals, clinics, and specialty practices clearly explain why work ended or why accommodations were needed.

Vocational and earnings records

For claims involving work activity, provide:

• Pay stubs and employer payroll summaries;
• Employer statements describing job duties, accommodations, productivity expectations, and any subsidies;
• Documentation of IRWEs with receipts;
• Self-employment ledgers and statements if applicable;
• Explanation of gaps, reduced hours, frequent absences, or performance warnings related to your impairments.

Framing your Kansas SSDI case effectively

On appeal, show continuity and credibility: your diagnosed impairments; objective findings; consistent treatment; and functional limits that preclude sustained, competitive work. For cases involving work, carefully separate “trying” from “sustaining.” Make it clear when work was discontinued due to your impairment, and link that discontinuation to medical evidence.

Appeal Level-by-Level: What to Expect

Reconsideration (20 C.F.R. § 404.909)

Reconsideration is a fresh review by someone who was not involved in the initial decision. You can submit new medical records and statements. If the denial involved SGA, highlight UWA, subsidies, and IRWEs; if it involved medical sufficiency, submit missing records and functional opinions that track the RFC factors.

Hearing before an ALJ (20 C.F.R. § 404.933)

Hearings can be held by telephone, online video, or in person. Comply with the five-day evidence rule (20 C.F.R. § 404.935). Be prepared to testify about your daily functioning, symptom variability, side effects, and any job accommodations. If a vocational expert testifies, your representative can challenge assumptions about your ability to maintain attendance, pace, and persistence over a 40-hour workweek.

Appeals Council (20 C.F.R. § 404.968)

You can request review if the ALJ made legal or factual errors, if there is new and material evidence, or if the decision conflicts with SSA policy. Focus on regulatory citations—such as misapplication of SGA rules (20 C.F.R. § 404.1574) or TWP/EPE rules (20 C.F.R. §§ 404.1592, 404.1592a)—and explain how the error changed the outcome.

Federal District Court (42 U.S.C. § 405(g))

You can file a civil action within 60 days of the Appeals Council’s final decision. The federal court reviews the administrative record for substantial evidence and legal error. While courts often defer to SSA’s factfinding, they can remand or reverse when SSA misapplies the law or ignores key evidence.

Time Limits, Payments, and Work-Related Overpayments

Appeal deadlines

• Reconsideration: 60 days from receipt of the initial denial (20 C.F.R. § 404.909).
• Hearing: 60 days from receipt of reconsideration denial (20 C.F.R. § 404.933).
• Appeals Council: 60 days from receipt of ALJ decision (20 C.F.R. § 404.968).
• Civil action: 60 days from receipt of Appeals Council decision (20 C.F.R. § 404.982; 42 U.S.C. § 405(g)).

SSA presumes 5 days for mailing/receipt unless you show otherwise. Ask for a good-cause extension if you miss a deadline and have a valid reason.

Benefit cessations and overpayments

If SSA stopped your benefits due to work (post-entitlement), verify TWP/EPE calculations and SGA months. If SSA overpaid you, you can seek a waiver if you were without fault and recovery would defeat the purpose of the program or be against equity and good conscience. Provide evidence of finances and good faith reliance on SSA guidance. File the appropriate SSA forms and appeal the overpayment determination if the facts or law are disputable.

Frequently Asked Questions for Kansas SSDI Claimants

Does any work automatically disqualify me?

No. SSA looks at SGA, not whether you worked at all. Short work attempts may be considered unsuccessful, and SSA recognizes trial work periods and extended eligibility for those already on SSDI. The specifics are governed by 20 C.F.R. §§ 404.1574, 404.1592, and 404.1592a.

Can I appeal a work-related cessation?

Yes. Cessations based on alleged SGA, TWP/EPE counts, or misapplied grace periods can be appealed at multiple levels. Cite the governing regulations and submit proof of subsidies, IRWEs, and correct earnings.

Do I need a Kansas attorney?

SSA allows representation by attorneys licensed in any state (20 C.F.R. § 404.1705). Many Kansas residents prefer attorneys familiar with Kansas providers and the SSA hearing offices that serve the state. Choose a representative with SSDI-focused experience.

Where do I go in Kansas for help from SSA?

Use the SSA Office Locator to identify your nearest field office for Wichita, Topeka, Kansas City (KS), and other areas, confirm hours, and get directions. You can also complete most appeal steps online or by phone.

Action Plan: What Kansas Claimants Should Do This Week

• Calendar the 60-day deadline from receipt of your denial notice.
• File your appeal online or through your local SSA office; do not start over unless a knowledgeable representative advises that strategy.
• Request and review your SSA file to see what evidence is missing or misunderstood.
• Close evidence gaps: obtain medical records and provider opinions that tie your functional limits to work stoppages and inability to sustain SGA.
• Document work details: pay records, employer statements, and IRWE receipts; identify subsidies and special conditions.
• Align arguments with the CFR: cite 20 C.F.R. §§ 404.1574 (SGA), 404.1592 (TWP), 404.1592a (EPE), 404.1545 (RFC), and the appeal deadlines in 404.909/404.933/404.968.
• Consider representation to navigate hearing procedures, evidence timing (20 C.F.R. § 404.935), and vocational testimony.

Authoritative Resources

SSA: Appeal a DecisioneCFR: 20 C.F.R. § 404.1592 (Trial Work Period)eCFR: 20 C.F.R. § 404.1574 (SGA for Employees)SSA Office LocatorSSA: Current SGA Amounts

Kansas-Specific Notes

While SSDI rules are federal, practical realities matter in Kansas. Distances between clinics can affect appointment frequency; agricultural or seasonal work may appear in earnings sporadically; and major metro areas like Wichita, Topeka, and Kansas City (KS) may offer specialized care and more comprehensive medical records. When work attempts occur, ensure your Kansas providers document why they ended and whether your employer accommodated you beyond typical competitive standards. Clear, local medical documentation can be decisive.

Include the phrase many Kansas claimants search for online to help you find information on this topic: SSDI denial appeal kansas kansas. Using the authoritative links above will guide you to rules SSA decision-makers must follow.

Legal Disclaimer

This article is for informational purposes only and is not legal advice. Laws and regulations change, and your facts matter. You should consult a licensed Kansas attorney about your specific situation.

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