Social Security Disability Insurance (SSDI) provides financial assistance to millions of people who are unable to work because of a serious medical condition or injury. However, Social Security Disability laws and rules can be confusing, especially when it comes to working when receiving SSDI. If you’re worried about getting caught working on SSDI or have received notification from the Social Security Administration about violating the rules, the team at Nappa, Monterosso & Poznansky, LLP, can help. For more than 30 years, our SSDI lawyers in Staten Island have helped workers in the greater NYC area get the benefits they need.
Why Working While Receiving SSDI Benefits Can Be Risky
SSDI is designed for people who meet the SSA’s strict definition of a disability. This means that they must be unable to engage in substantial gainful activity (SGA) due to a condition that has lasted or is expected to last for 12 months or is expected to result in death.
As of 2025, the earnings cap to continue receiving SSDI payments is $1,620 per month, or $2,700 for blind individuals. If you’re working and earning above this threshold, the Social Security Administration (SSA) may terminate your SSDI benefits.
If you’re caught working while receiving SSDI and go above the earnings threshold or fail to report your earnings properly, you may face serious consequences. This includes termination of SSDI benefits, reimbursement of overpayments, or even allegations of fraud that can result in criminal prosecution.
Working While Receiving SSDI Payments
In some cases, SSA allows recipients to work under certain programs, such as the Trial Work Period (TWP) and Extended Period of Eligibility (EPE). These programs enable recipients to test their ability to work without immediately losing SSDI benefits. Even when participating in these programs, if work activity isn’t reported correctly or the SSA believes you’re exceeding permissible limits or working “under the table,” problems can arise.
Consequences of Getting Caught Working on SSDI
If the SSA determines that you haven’t properly reported work or income, you may be subject to:
- Termination of benefits
- Overpayment notices that may require you to repay months or even years of SSDI benefits
- Cancellation of Medicare coverage
- Allegations of intentional misrepresentation or fraud
- Criminal charges
These are very serious matters that can have a significant impact on your life and finances. That’s why it’s critical to seek the assistance of a New York Social Security Disability attorney as soon as possible if you’ve been accused of violating SSDI rules.
How Our Staten Island Social Security Disability Lawyers Can Help
Our SSDI attorneys are well-versed in how the system works and which types of work activity are legal. We can evaluate your circumstances and the nature of your work and earnings to determine whether you are truly violating SSA rules. In some cases, what the SSA views as “substantial gainful activity” may not be, especially if the earnings were irregular or below the SGA threshold. Some typical questions we ask clients facing these issues include:
- Did you notify SSA of your work and income?
- Were you participating in a trial work period or an extended period of eligibility?
- Were you self-employed or did you engage in unpaid work?
- Were you receiving accommodations due to your disability?
These questions help our Social Security Disability lawyers gain a clear understanding of your situation so we can develop an effective defense to preserve your benefits and protect your rights.
Reviewing SSA Records and Evidence
The Social Security Administration maintains detailed records that include Continuing Disability Reviews (CDRs), income reports, bank records, employment information, and statements from employers. In some cases, if the SSA encounters red flags that suggest potential fraud or misrepresentation, they may conduct an investigation that includes surveillance of an SSDI recipient.
However, the SSA is required to follow the law and must respect an individual’s privacy. Your Social Security Disability attorney can request and review the SSA’s evidence to identify errors or inconsistencies. We also analyze any correspondence or notices from the SSA to determine whether due process has been followed. If the SSA made errors or failed to properly notify you, your SSDI lawyer may argue that any penalties should be reduced, or the case dismissed.
Representing You in an Appeal
If you receive an overpayment notice or your SSDI benefits are terminated, you have the right to appeal the SSA’s decision. The SSDI appeals process involves several steps, including:
Reconsideration – when an initial claim is denied or SSDI benefits are terminated, you have the right to request reconsideration from the SSA.
Hearing with an Administrative Law Judge (ALJ) – If reconsideration is denied, you may take your case in front of an Administrative Law Judge and present arguments and evidence that support your position.
Appeals Council review – If the ALJ decides to deny your request for reinstatement of benefits or dispute about overpayment, the SSA Appeals Council may review your case.
Filing a lawsuit in federal court – If all else fails, you may file a lawsuit in federal court to have your benefits reinstated.
Your Social Security Disability lawyer will file the necessary documents for your appeal and ensure all important deadlines are met. We also collect and submit evidence, such as medical and employment records. We help you prepare for your testimony and argue your case in hearings. We understand how to cross-examine SSA witnesses and develop effective legal arguments to poke holes in their case. Having our skilled Social Security Disability attorneys by your side can significantly increase your chances of a positive outcome for your case.
Challenging or Negotiating Overpayment
If the SSA determines you were overpaid, having to repay SSDI benefits can be financially devastating. Your SSDI lawyer can help you challenge the overpayment allegation if it’s incorrect, request a waiver if it wasn’t your fault and would cause financial hardship, or negotiate a manageable payment plan if you are required to pay it back. We know what type of relevant evidence to collect and present to make a compelling case that supports your position.
Defending Against Accusations of Fraud
If the SSA suspects intentional wrongdoing on your part, they may conduct a fraud investigation that can result in serious consequences like civil fines, criminal charges, and federal prosecution. If you’ve been accused of fraud, it is absolutely essential to hire an experienced Social Security Disability lawyer to protect your rights. Your attorney may be able to prove that you had no intent to defraud the SSA and believed you were working within the rules and get the charges dropped, reduced, or negotiate a plea agreement that can help you avoid serious penalties like jail time.
Assisting with Reinstatement of Benefits
If your benefits were terminated but your condition worsens or your attempt to work failed, you may be eligible for expedited reinstatement (EXR) of Social Security Disability benefits without having to reapply. Your SSDI lawyer can guide you through the EXR process and advise you how to preserve or reinstate your Medicare benefits as well.
Why You Need an SSDI Attorney in the Greater NYC Area
Although Social Security Disability Insurance is a federal program, working with a Staten Island SSDI lawyer can help make your case easier to deal with and give you the best chance of a successful result. Our Social Security Disability attorneys have longstanding relationships with local SSA field offices and Administrative Law Judges As native Staten Islanders, our SSDI lawyers also understand the economic realities of living in the greater New York City area, which can be relevant when asking for a hardship waiver.
We know the rules surrounding SSDI are complex and that facing the potential consequences of violating them can be daunting. You don’t have to go it alone. Our compassionate, tenacious team is here to fight for your rights and help you keep the benefits you’re entitled to receive. Our Spanish-speaking clients can count on attorney and Partner Rolando Cubela to provide legal representation they can trust.
Contact Our Social Security Disability Attorneys in the Greater NYC Area
Our SSDI attorneys at Nappa, Monterosso & Poznansky, LLP, are passionate about helping injured workers and their families. To learn more about how we can help, contact us or call 718-273-9000 today to speak with a Social Security Disability lawyer in the Greater New York City area.
