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  • Stephanie O. Joy, Esq. / Joy Disability

If One Is Technically Still Employed and Being Payed, But Is Unable To Work, Is He Barred From Filin


My spouse had a stroke last November. Since then he is partially paralyzed; he cannot move and use his right hand, right leg or right foot. He does not go to work. His employer is still paying him his salary, however, until the end of this year. I was told that he can't file for SSD if he is still "employed" and being paid. Is receiving money from an employer a bar to the person's eligibility for SS Disability Benefits?


Quick Answer: NO, it is NOT a bar at all! He can file right away. Only earned income from current working activity effects current eligibility for Social Security Disability. Here, he is getting paid, not dissimilar to if he had purchased a private disability policy from his employer, but not for work activity (exactly the opposite). Only earnings from work activity that reaches the Substantial Gainful Activity threshhold (SGA) is a bar to eligibility. I would not delay in applying him. And I wish you both the best of luck.

Feel free to reach out if you determine you need representation in getting through the paperwork whether it be the initial application, or later, if you find him to be disapproved. We are always here to answer questions as well.

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