By far, the most common question I get as a disability attorney is whether you’re allowed to work, and how much you can work after filing for disability.
And like many legal questions, that’s a tricky one.
The short answer is that Social Security looks at whether your work amounts to “Substantial Gainful Activity.” In 2025, this is $1,620 per month before taxes. In 2026, it’s going up to $1,690 each month.
The SGA rules are really only a good starting point, though. Even if you’re under the limit, if you’re working 30-35 hours each week, Social Security is going to look at this much less favorably. That’s especially true if it’s self-employment, such as babysitting or hairstyling that may require that many hours per week.
If a case gets to hearing, there’s also the issue of judicial discretion and how individual administrative law judges view claimants working. Just like how the award rates of judges can vary significantly, how they treat part-time work is also extremely subjective.
There are some judges who will see a claimant making just under $1,620 per month, have no issue with that, and approve their case without any issue.
On the other end of the spectrum, there are judges who will see this and wonder why that individual can’t work just a little bit more and not require disability benefits.
It’s a tricky area of disability law to navigate, so it’s important to discuss with a disability attorney how any work activity will impact your case.
