Working While on SSDI: Kentucky, Kentucky Guide

Working While on SSDI in Kentucky, Kentucky: A Practical Guide to Denials, Appeals, and Your Rights

If you live in Kentucky and receive Social Security Disability Insurance (SSDI), you may want to try working again—either to test your abilities, cover rising costs, or transition back to the workforce. The Social Security Administration (SSA) provides work incentives that allow you to work in limited ways without immediately losing your SSDI. Still, many Kentucky claimants encounter denials or benefit cessations tied to earnings, medical improvement decisions, or procedural issues. This guide explains how working can affect SSDI, common reasons for denials, how to appeal, and how to protect your rights under federal law.

Kentucky’s largest population centers, including Louisville and Lexington, offer diverse employment opportunities and medical systems that can support a return to work. But even brief or part-time work can trigger questions about substantial gainful activity (SGA), trial work periods (TWP), and extended periods of eligibility (EPE). Kentucky residents should know the federal rules that apply equally across states and how to navigate appeals through local SSA field offices and hearing offices serving claimants statewide.

This article is slightly claimant-focused and aims to help you avoid preventable mistakes—such as missing a 60-day deadline for appeal or failing to document impairment-related work expenses (IRWEs). It provides accurate federal citations and links to authoritative sources, and it highlights practical steps you can take after a denial or cessation notice. Whether your issue involves a first-time SSDI denial, a medical cessation after a continuing disability review (CDR), or questions about work during TWP/EPE, you will find structured guidance here for Kentucky, Kentucky claimants.

For search visibility, this guide includes the phrase “SSDI denial appeal kentucky kentucky.” While the wording is redundant, it reflects the targeting requested for Kentucky residents seeking help with Social Security disability issues.

Understanding Your SSDI Rights When You Work

Core SSDI Eligibility and the Definition of Disability

SSDI is a federal insurance program for workers who paid into Social Security and can no longer perform substantial gainful activity (SGA) because of a medically determinable impairment expected to last at least 12 months or result in death. SSA uses a five-step sequential evaluation for disability determinations. See 20 CFR 404.1520 for the framework applied to most adult disability determinations.

Right to Work Incentives Without Immediate Loss of Benefits

SSA encourages beneficiaries to test their ability to work using the work incentive rules:

• Trial Work Period (TWP): Allows you to test work for a limited number of months while still receiving SSDI, regardless of earnings, so long as you report work and remain medically disabled. See 20 CFR 404.1592.
• Extended Period of Eligibility (EPE): After TWP, gives you a safety net period during which benefits can be paid for months your earnings are not SGA-level and suspended for months when earnings exceed SGA. See 20 CFR 404.1592a.
• Impairment-Related Work Expenses (IRWEs): Certain disability-related costs you pay out-of-pocket for work may reduce countable earnings for SGA determinations. See 20 CFR 404.1576.
• Unsuccessful Work Attempt (UWA): Brief work that stops or is reduced to below SGA due to your impairment or removal of special conditions may not show ability to engage in sustained SGA. See 20 CFR 404.1574(c) for employees; see also 20 CFR 404.1575 for self-employment factors.
• Ticket to Work: Voluntary program providing free employment supports. See 20 CFR part 411 (program rules).

These rights apply to Kentucky beneficiaries just as they do nationwide. While dollar thresholds for TWP and SGA change over time, the structure of these protections remains in place. Always verify current monthly amounts on SSA’s website before making work decisions.

Right to Appeal and Due Process

If SSA denies your SSDI claim or finds that your disability has ceased (often after a CDR or because of work), you have the right to written notice and to appeal. The first appeals deadline generally is 60 days from the date you receive SSA’s notice (SSA presumes receipt five days after the date on the notice). See 20 CFR 404.909(a)(1) (reconsideration), 20 CFR 404.968(a)(1) (ALJ hearing), and 20 CFR 404.901 (mailing/receipt rule). Judicial review is authorized by Section 205(g) of the Social Security Act, codified at 42 U.S.C. § 405(g).

Right to Representation

You have the right to appoint a representative—an attorney or qualified non-attorney—to help you at every stage. See 20 CFR 404.1705 (representatives). Fees must be approved by SSA. See 20 CFR 404.1720 and 20 CFR 404.1725.

Common Reasons SSA Denies SSDI Claims or Stops Benefits

1) Working Above SGA

Earnings at or above SGA levels can result in a denial at the initial application or cessation after benefits have been awarded. SSA defines SGA in 20 CFR 404.1572 and evaluates employee earnings under 20 CFR 404.1574 and self-employment under 20 CFR 404.1575. If SSA finds you are engaging in SGA, an initial claim may be denied regardless of medical severity. For beneficiaries, SGA during or after TWP may trigger suspension or termination during the EPE.

2) Insufficient Medical Evidence or Not Meeting the 12-Month Duration Requirement

SSA may deny claims when medical records do not establish a medically determinable impairment, when the impairment is not severe, or when it is not expected to last at least 12 months. The sequential evaluation in 20 CFR 404.1520 governs how severity and duration are assessed.

3) Not Following Prescribed Treatment (When Required)

If you refuse prescribed treatment expected to restore your ability to work, and the refusal is without good cause, benefits can be denied or stopped. See 20 CFR 404.1530.

4) Failure to Cooperate or to Provide Evidence

SSA requires cooperation with requests for records, exams, and work information. Failure to respond can lead to unfavorable determinations. See 20 CFR 404.1512 (evidence).

5) Medical Improvement After a Continuing Disability Review (CDR)

SSA periodically reviews cases. If it finds medical improvement related to the ability to work, benefits can cease. See 20 CFR 404.1590 (CDR process) and 20 CFR 404.1594 (termination of disability).

6) Overpayments and Alleged Work Activity

If SSA later learns of unreported work or misapplies work incentive rules, it may assess an overpayment. You have rights to appeal and to seek waiver if you were without fault and repayment would be against equity and good conscience. See 20 CFR 404.506 (waiver of recovery).

Federal Legal Protections & Regulations You Should Know

Sequential Evaluation and SGA

Disability evaluations follow the five-step process in 20 CFR 404.1520. Work and earnings are central to Step 1 (SGA). SSA’s regulations discuss SGA generally at 20 CFR 404.1572 and specifically for employee wages at 20 CFR 404.1574 and for self-employment at 20 CFR 404.1575. Subsidies and special conditions provided by employers can reduce countable earnings (see 20 CFR 404.1574(a)(2) and 20 CFR 404.1573(c) for special conditions and assistance).

Work Incentives Protecting Beneficiaries

• TWP: 20 CFR 404.1592 permits a trial work period to test work without immediate loss of entitlement, if you continue to be medically disabled.
• EPE: 20 CFR 404.1592a provides an extended period during which benefits may be payable for non-SGA months; benefits may be suspended for SGA months.
• EXR (Expedited Reinstatement): If benefits ended because of work and you later stop working due to your condition, you may request expedited reinstatement without filing a new initial claim, subject to regulatory criteria. See 20 CFR 404.1592b.
• IRWEs: 20 CFR 404.1576 explains how impairment-related expenses can reduce countable earnings.
• UWA: 20 CFR 404.1574(c) addresses unsuccessful work attempts for employees; 20 CFR 404.1575 addresses self-employment evaluations, including comparability and worth of work tests.

Appeals and Judicial Review

• Reconsideration: 60 days to request reconsideration of an initial determination. See 20 CFR 404.909.
• ALJ Hearing: 60 days from a reconsideration denial to ask for a hearing before an Administrative Law Judge. See 20 CFR 404.968.
• Appeals Council: Time to request Appeals Council review is generally 60 days after the ALJ decision. See 20 CFR 404.967–404.981 (including 20 CFR 404.981 finality).
• Federal Court: 60 days from the Appeals Council’s notice to file a civil action. See 20 CFR 422.210 and Social Security Act § 205(g), 42 U.S.C. § 405(g).

Good Cause for Late Filing and Benefit Continuation

If you miss a deadline, you can request an extension for good cause under 20 CFR 404.911. In medical cessation cases, if you file a timely appeal of a medical cessation determination, you may elect to continue benefits during the appeal if you request continuation within the period stated in your notice (generally within 10 days of receipt for continuation). See 20 CFR 404.1597a.

Steps to Take After an SSDI Denial or Cessation in Kentucky

1) Read the Notice Carefully and Calendar Deadlines

SSA notices explain the basis for denial or cessation and the applicable deadline. Presume you received the notice five days after the date printed on it unless you can prove a later receipt. See 20 CFR 404.901. Immediately set reminders for the 60-day deadline to appeal (e.g., reconsideration, hearing, Appeals Council).

2) Decide the Proper Appeal Level and Act Within 60 Days

• Initial Denial: Request reconsideration. See 20 CFR 404.909.
• Reconsideration Denial: Request an ALJ hearing. See 20 CFR 404.968.
• ALJ Unfavorable Decision: Request Appeals Council review. See 20 CFR 404.967–404.981.
• Appeals Council Denial: Consider filing a civil action under 20 CFR 422.210 and 42 U.S.C. § 405(g).

If your case involves a medical cessation (for example, after a CDR or due to work findings), ask about continuing benefits during appeal if you respond within the timeframe on your notice—often within 10 days of receipt. See 20 CFR 404.1597a.

3) Request and Review Your Case File

Obtain your electronic folder to see what evidence SSA reviewed. This helps identify missing medical records, inaccurate work history, or misapplied rules (e.g., IRWEs not credited, UWA overlooked, subsidies not considered). You have the right to submit additional evidence. See 20 CFR 404.1512.

4) Strengthen Medical Evidence

• Ask treating providers for updated records, diagnostic results, and detailed functional assessments addressing standing, walking, sitting, lifting, postural and manipulative limits, mental functioning, off-task time, and absenteeism.
• Document how symptoms fluctuate and how they affect work stamina and reliability over time—critical to explaining failed work attempts.
• Ensure evidence addresses the full period at issue, especially around any work activity periods (TWP, EPE).

5) Clarify Work Activity Using SSA’s Rules

• Explain IRWEs: Keep receipts and proof for impairment-related expenses needed for work (e.g., specialized transportation, equipment, attendant care). Cite 20 CFR 404.1576 when you describe them.
• Document Subsidies or Special Conditions: If your employer provided extra help or reduced productivity standards, submit a statement detailing the support. See 20 CFR 404.1573(c) and 404.1574(a)(2).
• Identify Unsuccessful Work Attempts: If work ended or was reduced due to your impairment within a short period, explain the circumstances. See 20 CFR 404.1574(c).
• Self-Employment: Provide detailed records so SSA can apply the correct comparability and worth-of-work tests under 20 CFR 404.1575.

6) Prepare for Your Hearing

If your reconsideration is denied and you request a hearing, you will have the chance to testify and submit evidence to an ALJ. Be prepared to:

• Explain your work history, including any work during the TWP or EPE and the functional reasons you could not sustain SGA.
• Describe daily limitations and the cumulative effect of your symptoms over a full workweek.
• Address vocational expert testimony with evidence (e.g., need for extra breaks, off-task time, absences).

7) Keep Reporting Changes

Continue to report any work to SSA promptly and in writing. Accurate, timely reporting helps prevent overpayments and supports credibility during appeals.

How Working Affects Appeals: TWP, EPE, IRWEs, and SGA

Trial Work Period (TWP)

During TWP, you may test work for a limited number of months while still receiving benefits, provided you remain medically disabled and report earnings. See 20 CFR 404.1592. Work during TWP does not automatically prove you can engage in SGA on a sustained basis. If your case is denied or ceased solely for working during TWP and you meet TWP conditions, that can be a strong appeal point.

Extended Period of Eligibility (EPE)

EPE follows TWP and lasts a defined period. During EPE, benefits are payable for non-SGA months and suspended for SGA months. See 20 CFR 404.1592a. If you have a month with higher earnings due to temporary overtime or without IRWE deductions, benefits might be suspended for that month, but you can regain entitlement for later non-SGA months within the EPE. Appeals often focus on whether SSA correctly counted IRWEs, applied subsidies, or mischaracterized work months.

Substantial Gainful Activity (SGA)

SGA determinations look beyond gross earnings where appropriate, considering subsidies, special conditions, and IRWEs. Employees are assessed under 20 CFR 404.1574; self-employed individuals are evaluated under 20 CFR 404.1575 using different tests. If SSA denied your claim for alleged SGA without accounting for these factors, cite the applicable regulations in your appeal.

Unsuccessful Work Attempts (UWA)

Short-lived or sporadic work that ends due to your impairment may be treated as a UWA and not evidence of sustained SGA. See 20 CFR 404.1574(c). Provide documentation from your employer and medical sources explaining why the work ended or was reduced below SGA.

Expedited Reinstatement (EXR)

If your benefits stopped because of work, and your condition again prevents SGA within five years, you may request EXR and receive provisional benefits while SSA evaluates your request. See 20 CFR 404.1592b. This option can be vital if you tried to work in Kentucky’s labor market, then had to stop due to the same or related impairment.

Appeals Process: What Kentucky Claimants Should Expect

Four Levels of Appeal

• Reconsideration (20 CFR 404.909): A different adjudicator reviews your case. In cessation cases, you can request continued benefits if you act quickly per 20 CFR 404.1597a.
• ALJ Hearing (20 CFR 404.968): You may appear in person or by video. Submit evidence early and follow any scheduling orders. You may question vocational experts and present witnesses.
• Appeals Council (20 CFR 404.967–404.981): Reviews legal or factual errors or new, material evidence that relates to the period on or before the ALJ decision.
• Federal Court (20 CFR 422.210; 42 U.S.C. § 405(g)) : A United States District Court reviews whether SSA’s decision is supported by substantial evidence and applies the law correctly.

Deadlines and Mailing Presumptions

In general, you have 60 days from receipt of each decision to appeal; SSA presumes receipt five days after the date on the notice (20 CFR 404.901). If you miss a deadline, request an extension for good cause (20 CFR 404.911).

Evidence Submission

Provide complete medical records and functional assessments as early as possible. You must inform SSA about or submit all evidence known to you that relates to disability. See 20 CFR 404.1512.

Local Resources & SSA Access for Kentucky Residents

SSA Field Offices and Hearing Offices Serving Kentucky

SSA maintains field offices across Kentucky, including offices serving residents of Louisville, Lexington, Bowling Green, Owensboro, and other communities. Use the official SSA field office locator to find the nearest office, current hours, and mailing address:

Find Your Local SSA Office (Official SSA Locator)Hearings are scheduled by SSA’s hearing offices that serve Kentucky claimants. For up-to-date information on locations and contact details, use SSA’s appeals pages and hearing office tools:

SSA Disability Appeals Overview (Official)### Medical Providers and Documentation in Kentucky

Kentucky claimants often receive care through large regional medical systems and community providers. Ensure all treating sources—primary care, specialists, physical therapy, mental health—submit records. If transportation or access limited your care, explain those barriers; such context can be relevant to treatment adherence and functional capacity assessments.

When to Seek Legal Help for SSDI Appeals

Why Representation Helps

Representatives navigate complex work incentive rules, identify errors in SGA or UWA findings, marshal medical opinions, and prepare you to testify. SSA regulations authorize representation at all levels. See 20 CFR 404.1705. Fee arrangements must be approved by SSA, and the fee process is governed by 20 CFR 404.1720 and 20 CFR 404.1725.

Choosing a Representative in Kentucky

In Kentucky, attorneys must be licensed to practice law in the state to provide legal services locally. If your appeal reaches federal court, counsel must also be admitted to the bar of the United States District Court serving your case (Eastern District of Kentucky or Western District of Kentucky). You may also appoint a qualified non-attorney representative for administrative proceedings, consistent with SSA rules.

Practical Checklists for Kentucky Claimants

After a Denial or Cessation

• Mark the 60-day appeal deadline; remember the five-day mailing presumption (20 CFR 404.901).
• File the correct appeal: reconsideration (20 CFR 404.909) or ALJ hearing (20 CFR 404.968) as applicable.
• In medical cessation cases, ask about benefit continuation within the time stated—often 10 days (20 CFR 404.1597a).
• Request your case file and identify gaps in medical records (20 CFR 404.1512).
• Obtain detailed functional assessments from treating providers.
• Submit work documentation: IRWEs (20 CFR 404.1576), subsidies/special conditions (20 CFR 404.1573(c), 404.1574(a)(2)), UWA evidence (20 CFR 404.1574(c)).

Documenting Work While on SSDI

• Keep pay stubs, employer letters, and schedules.
• Track out-of-pocket impairment-related costs with receipts and medical justification.
• Note accommodations, extra supervision, reduced productivity standards, and any special conditions.
• Write a contemporaneous diary of symptoms, flare-ups, and reasons for missed work or reduced hours.

Frequently Asked Questions for Kentucky SSDI Claimants

Can I try working without immediately losing SSDI?

Yes. The TWP (20 CFR 404.1592) and EPE (20 CFR 404.1592a) allow limited work attempts and a safety net period. Report all work promptly and confirm current monthly thresholds with SSA.

My claim was denied for SGA, but I had significant IRWEs. What can I do?

Appeal within 60 days and document your IRWEs under 20 CFR 404.1576. Provide receipts and medical statements connecting the expenses to your impairment and work.

I tried a job for a short time but had to quit because of my condition. Does that count as SGA?

It may be an Unsuccessful Work Attempt under 20 CFR 404.1574(c), depending on duration and reasons for stopping. Submit employer and medical documentation with your appeal.

SSA says I improved medically. Can I continue benefits during my appeal?

In many medical cessation cases, you may elect benefit continuation if you request it quickly—often within 10 days of receiving the notice. See 20 CFR 404.1597a. Read your notice carefully for the exact timeframe.

What if I miss a deadline?

Request an extension for good cause under 20 CFR 404.911, explaining the reason and providing supporting documentation when available.

Authoritative Resources

SSA Disability Appeals: Official Process and Forms20 CFR 404.1592: Trial Work Period20 CFR 404.1574: Evaluating SGA for EmployeesSSA Office Locator for Kentucky ResidentsSocial Security Act §205 (Hearings; Judicial Review)

Key Federal Citations Mentioned

• 20 CFR 404.1520 (sequential evaluation)
• 20 CFR 404.1572–404.1575 (SGA framework; employee and self-employment)
• 20 CFR 404.1573(c) (special conditions) and 404.1574(a)(2) (subsidies)
• 20 CFR 404.1576 (IRWEs)
• 20 CFR 404.1590, 404.1594 (CDR and termination)
• 20 CFR 404.1592 (TWP), 404.1592a (EPE), 404.1592b (EXR), 404.1597a (benefit continuation during appeal)
• 20 CFR 404.909, 404.968, 404.967–404.981 (appeals levels and deadlines)
• 20 CFR 404.901 (mailing/receipt rule), 404.911 (good cause)
• 20 CFR 404.1512 (evidence), 404.1530 (failure to follow prescribed treatment)
• 20 CFR 422.210 (civil action)
• Social Security Act §223 (42 U.S.C. § 423) and §205(g) (42 U.S.C. § 405(g))

Local Context for Kentucky, Kentucky Claimants

Whether you are in Louisville, Lexington, or smaller communities, SSDI rules apply uniformly. However, access to specialists and vocational resources may differ by region. If you face long waits for specialty care, request that SSA allow time to obtain records or consider consultative exams as needed. Kentucky claimants should keep employer statements and pay records organized, as local employers may offer varied accommodations or flexible schedules relevant to subsidies or special conditions under 20 CFR 404.1573(c).

For in-person help, locate your nearest SSA field office with the official SSA locator. If you proceed to a hearing, SSA will schedule it through a hearing office serving Kentucky residents. You may be offered an in-person, video, or telephone hearing depending on availability and your request.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change, and your situation is unique. You should consult a licensed Kentucky attorney about your specific circumstances.

Next Step

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