SSDI and Working: Georgia, Georgia Appeal Guide

SSDI and Working in Georgia, Georgia: A Complete Guide to Denials and Appeals

Facing a Social Security Disability Insurance (SSDI) denial in Georgia can be overwhelming—especially if you have tried to work, want to try working again, or are currently working part-time. This guide explains how working interacts with SSDI rules, why claims are denied, and exactly how to appeal under federal law. It also points you to Georgia-specific resources so you know where to go for help. We slightly favor the claimant’s perspective while remaining strictly factual and grounded in authoritative sources.

SSDI is a federal insurance program for workers who paid Social Security taxes and can no longer sustain substantial work due to a medically determinable impairment. The Social Security Administration (SSA) applies national standards to Georgia claims. If your initial application is denied, you have legal rights to appeal through several levels—reconsideration, a hearing before an Administrative Law Judge (ALJ), review by the Appeals Council, and federal court. Each step has deadlines set by federal regulations.

Because this guide focuses on “SSDI and working,” we explain how earnings affect eligibility and appeals—covering substantial gainful activity (SGA), trial work periods (TWP), the extended period of eligibility (EPE), and other work incentives. We cite the controlling federal regulations wherever possible. If a fact could not be verified through authoritative sources, it is omitted.

Georgia claimants typically interact with SSA field offices in the state and are part of SSA’s Atlanta Region. You can locate your nearest office or hearing site using SSA’s official tools. While in-person services are available by appointment at many locations, most appeals can also be filed online, by mail, or by phone. This guide is designed to help you navigate the federal rules from within Georgia and advocate for yourself effectively.

Understanding Your SSDI Rights

What SSDI Requires

To qualify for SSDI, you must meet insured status (enough recent work credits) and the federal definition of disability. The statutory definition of disability for SSDI is the “inability to engage in any substantial gainful activity” due to a medically determinable impairment expected to last at least 12 months or result in death. See Social Security Act § 223(d)(1)(A), 42 U.S.C. § 423(d)(1)(A). The SSA uses a five-step sequential evaluation to decide if you are disabled. The five-step process for Title II claims is detailed in 20 C.F.R. § 404.1520.

Key elements include:

• Whether you are performing substantial gainful activity (SGA). 20 C.F.R. §§ 404.1571–404.1574.
• Severity and duration of your impairment(s). 20 C.F.R. §§ 404.1509, 404.1520(c).
• Whether your impairment meets or equals a listed impairment. 20 C.F.R. § 404.1520(d).
• Your residual functional capacity (RFC) and ability to do past relevant work or other work. 20 C.F.R. §§ 404.1545, 404.1560–404.1569a.

Your Right to Appeal and Be Heard

If SSA denies your SSDI claim, you have the right to appeal:

• Request reconsideration (20 C.F.R. § 404.909).
• Request a hearing before an ALJ (20 C.F.R. § 404.933).
• Request Appeals Council review (20 C.F.R. § 404.968).
• File a civil action in federal district court (Social Security Act § 205(g), 42 U.S.C. § 405(g); 20 C.F.R. § 422.210).

You also have rights to representation and to submit and review evidence:

• You may appoint a representative, including an attorney, under 20 C.F.R. § 404.1705. Representatives must follow SSA’s rules of conduct. 20 C.F.R. § 404.1740.
• You may submit evidence and have it considered at each level, subject to timeliness rules (e.g., the “five-day rule” for hearings). See 20 C.F.R. §§ 404.1512, 404.935.
• You may request your electronic case file and examine the evidence SSA used. See 20 C.F.R. § 404.916 (reconsideration), 20 C.F.R. §§ 404.929–404.935 (hearing procedures).

How Work Affects Your Rights

Work activity can affect your SSDI claim, but it is not an automatic disqualifier—context matters. SSA considers the nature and earnings from work, whether you received special conditions or subsidies, whether the work was an unsuccessful work attempt, and whether you used work incentives such as the trial work period. Regulations governing work and earnings include 20 C.F.R. §§ 404.1571–404.1576 and 404.1592–404.1592a. We explain these in depth below.

Common Reasons SSA Denies SSDI Claims

1) Earnings Above SGA

SSA generally denies claims when earnings show that a claimant is engaging in substantial gainful activity. For employees, SSA evaluates countable earnings under 20 C.F.R. § 404.1574, excluding certain subsidies and impairment-related work expenses (IRWEs). For self-employed claimants, SSA applies 20 C.F.R. § 404.1575. The SGA level is adjusted annually; refer to SSA’s official SGA amounts for the current thresholds.

Important nuances:

• Subsidies/special conditions can reduce countable earnings. See 20 C.F.R. § 404.1574(a)(2), § 404.1573(c).
• Unsuccessful work attempts (brief tries that fail because of your impairment) may not show sustained work capacity. See 20 C.F.R. § 404.1574(c).
• IRWEs may allow deduction of certain impairment-related costs from earnings. See 20 C.F.R. § 404.1576.

2) Lack of Medical Severity or Duration

SSA may find your impairment non-severe or not expected to last at least 12 months (or result in death), as required by 20 C.F.R. § 404.1509 and § 404.1520(c). Denials often cite gaps in treatment, insufficient objective findings, or limited functional impact.

3) Not Meeting or Equaling a Listing

Even severe impairments must meet or equal a listed impairment to be approved at step 3. Otherwise, SSA moves to an RFC assessment and vocational analysis. See 20 C.F.R. § 404.1520(d) and Subpart P, Appendix 1.

4) Ability to Perform Past Relevant Work or Other Work

At steps 4 and 5, SSA evaluates whether you can do your past relevant work or other work that exists in significant numbers in the national economy, given your RFC, age, education, and past work. See 20 C.F.R. §§ 404.1545, 404.1560–404.1569a. Vocational evidence is often pivotal.

5) Insufficient Work Credits (Insured Status)

SSDI requires insured status under 20 C.F.R. § 404.130. Claims can be denied if you lack enough recent work credits or if your date last insured (DLI) passed before disability began.

6) Procedural Reasons

Other denials arise from failure to cooperate (20 C.F.R. § 404.1518), failure to attend a consultative examination (20 C.F.R. § 404.1517), not following prescribed treatment without good reason (20 C.F.R. § 404.1530), or missing deadlines without good cause (20 C.F.R. § 404.911).

Federal Legal Protections & Key Regulations (Emphasis on Working)

Defining Work and SGA

SSA evaluates work at multiple stages:

• Substantial Gainful Activity (SGA): If your countable earnings exceed the SGA threshold, SSA generally finds you not disabled at step 1. See 20 C.F.R. §§ 404.1571–404.1574. The Office of the Chief Actuary publishes yearly SGA amounts.
• Employee Earnings: Countable earnings rules are at 20 C.F.R. § 404.1574. SSA adjusts for subsidies, special conditions, and IRWEs. See 20 C.F.R. §§ 404.1574(a)(2), 404.1573(c), 404.1576.
• Self-Employment: SSA uses tests in 20 C.F.R. § 404.1575 to evaluate whether your work activity demonstrates SGA (not just gross receipts).

Work Incentives That Protect Claimants

• Trial Work Period (TWP): Lets you test working for at least 9 service months without losing disability status during that period. See 20 C.F.R. § 404.1592. A “service month” is defined by regulation and a dollar threshold that is adjusted annually; verify current amounts before making decisions.
• Extended Period of Eligibility (EPE): After TWP, you have a re-entitlement period during which benefits can restart for any month your countable earnings fall below SGA, subject to the rules in 20 C.F.R. § 404.1592a.
• Impairment-Related Work Expenses (IRWEs): Certain expenses you pay because of your impairment can be deducted when SSA evaluates earnings. See 20 C.F.R. § 404.1576.
• Unsuccessful Work Attempts: Short-lived efforts that end due to your impairment may not count as SGA evidence. See 20 C.F.R. § 404.1574(c).

Medical and Vocational Evidence Standards

• Medical Evidence: You must establish a medically determinable impairment with objective evidence from acceptable medical sources. See 20 C.F.R. §§ 404.1502, 404.1513.
• Evidence Submission and Consideration: SSA and ALJs consider all relevant evidence, including opinion evidence and prior administrative findings, per 20 C.F.R. § 404.1512 and § 404.1520c.
• Hearing Evidence Timeliness: Evidence should be submitted at least five business days before the hearing unless good cause is shown. See 20 C.F.R. § 404.935.

Appeals Rights and Deadlines

• Reconsideration: 60 days from receipt of the notice (SSA presumes receipt 5 days after the date on the notice) to request reconsideration. See 20 C.F.R. §§ 404.909(a), 404.901.
• Hearing: 60 days from receipt of the reconsideration determination to request an ALJ hearing. See 20 C.F.R. § 404.933(b)(1).
• Appeals Council: 60 days from receipt of the ALJ decision to request review. See 20 C.F.R. § 404.968(a)(1).
• Federal Court: 60 days from receipt of the Appeals Council’s notice to file a civil action. See Social Security Act § 205(g), 42 U.S.C. § 405(g); 20 C.F.R. § 422.210(c).
• Good Cause for Late Filing: You may be excused for missing a deadline if you show good cause. See 20 C.F.R. § 404.911.

Steps to Take After an SSDI Denial

1) Read the Denial Notice Carefully

Identify the specific reason for denial (e.g., earnings above SGA, lack of medical evidence, failure to meet duration). Note the date on the letter—your appeal deadline is typically 60 days from receipt (SSA presumes 5 days after the date on the notice). See 20 C.F.R. §§ 404.909(a), 404.901.

2) Decide Whether Your Work Affected the Decision

If SSA denied you for working above SGA, review whether your earnings should be reduced for subsidies, special conditions, or IRWEs. If you attempted work briefly and stopped due to your impairment, document why it was an unsuccessful work attempt under 20 C.F.R. § 404.1574(c). For self-employment, gather accounting and role details showing your actual work activity (20 C.F.R. § 404.1575).

3) File Your Reconsideration Request

Submit a timely reconsideration request (20 C.F.R. § 404.909). You can file online, by mail, or by phone. Include any new medical records, functional assessments, and work documentation (e.g., a letter from your employer about special conditions or reduced productivity). Keep proof of submission and date.

4) Strengthen the Medical Record

Ask your treating sources for updated records and functional capacity assessments that speak to your limitations over a 12-month period or more. SSA evaluates medical opinions under 20 C.F.R. § 404.1520c, focusing on persuasiveness factors like supportability and consistency. Objective imaging, lab results, longitudinal treatment notes, and detailed RFC statements are crucial, especially when work activity is involved.

5) Prepare for the ALJ Hearing

If reconsideration is denied, request a hearing within 60 days (20 C.F.R. § 404.933). At the hearing, you may testify about your symptoms, limitations, and any work attempts. You have the right to submit evidence and question vocational or medical experts. Comply with the five-day evidence rule (20 C.F.R. § 404.935) or explain good cause for late-submitted evidence.

For claimants who tried working, be ready to explain:

• Why work attempts ended (e.g., worsening symptoms, side effects, hospitalizations).
• How your employer accommodated you (subsidies/special conditions such as extra supervision, extra breaks, or reduced productivity).
• IRWEs you paid for (e.g., specialized transportation or equipment due to your impairment) per 20 C.F.R. § 404.1576.
• Periods your earnings fell below SGA.

6) Appeals Council and Federal Court

If the ALJ denies your claim, you may request Appeals Council review within 60 days (20 C.F.R. § 404.968). If the Appeals Council denies review or issues an unfavorable decision, you may file a civil action in the appropriate U.S. District Court in Georgia within 60 days of receipt of the notice. See Social Security Act § 205(g), 42 U.S.C. § 405(g), and 20 C.F.R. § 422.210. In federal court, the judge reviews the administrative record under a deferential “substantial evidence” standard.

Working While Applying or Appealing: Practical Guidance

Know the SGA Threshold and How It’s Calculated

SSA updates the SGA amounts annually. If your countable earnings exceed the SGA level, you may be found not disabled at step 1, absent exceptions. But countable earnings can be lower than gross pay after adjusting for IRWEs and subsidies/special conditions. See 20 C.F.R. §§ 404.1573(c), 404.1574(a)(2), 404.1576.

Action items for Georgia claimants:

• Confirm the current SGA amount on SSA’s official site before deciding to work.
• Track hours, duties, productivity, extra supervision, and accommodations—details that may show a subsidy or special conditions.
• Document IRWEs with receipts and medical justification.

Unsuccessful Work Attempts (UWAs)

If you tried returning to work but stopped within a short period due to your impairment, SSA may treat that as a UWA so it does not count as sustained SGA. Provide records showing why you had to stop (e.g., exacerbated symptoms, ER visits, specialist referrals). See 20 C.F.R. § 404.1574(c).

Trial Work Period (TWP) and Extended Period of Eligibility (EPE)

Once you are entitled to SSDI, the TWP allows you to test work for at least nine service months without losing disability status during those months. See 20 C.F.R. § 404.1592. After TWP, the EPE provides a safety net where benefits can resume for months your countable earnings fall below SGA (20 C.F.R. § 404.1592a). These protections apply to beneficiaries—if you are only applying (not yet entitled), TWP/EPE does not apply yet, but the concepts become important after approval.

Self-Employment and Family Businesses

For self-employed Georgians, SSA considers factors beyond net income, including the value of your work activity, hours, and responsibilities (e.g., managing, supervising, or performing skilled services) under 20 C.F.R. § 404.1575. Document the scope of your role and any special conditions that reduce the significance of your activity.

Part-Time and Intermittent Work

Working part-time may still be SGA depending on pay and productivity. However, fluctuating or intermittent work can support your testimony about inconsistent functioning. Keep detailed records, including days missed and reasons related to your impairment.

When to Seek Legal Help for SSDI Appeals

Consider consulting a representative if your case involves complex work issues, prior denials, or multiple conditions. Representatives (including attorneys) may help develop medical and vocational evidence, evaluate earnings for subsidies and IRWEs, and prepare you for testimony. Under 20 C.F.R. § 404.1705, you may appoint an attorney representative or a qualified non-attorney representative. SSA must approve representative fees, and fees are regulated by statute and regulation. See Social Security Act § 206 (42 U.S.C. § 406) and 20 C.F.R. § 404.1720. Do not assume fee amounts; verify the current fee structure and approval process with SSA at the time you retain counsel.

In Georgia, many representatives handle cases statewide and appear at hearings by phone, video, or in person, depending on SSA scheduling. You are not required to have a representative, but representation can help ensure regulatory compliance with evidence deadlines (e.g., 20 C.F.R. § 404.935), identify work-incentive arguments, and preserve issues for further appeal.

Local Resources & Next Steps for Georgia Claimants

Find Your Local SSA Office and Hearing Site

Georgia claimants are served by SSA field offices and hearing offices within SSA’s Atlanta Region. Use the official SSA office locator to find the nearest field office by ZIP code, hours, and appointment availability. For hearings, SSA will notify you of the assigned Office of Hearings Operations (OHO) location and whether your hearing is by telephone, online video, or in person. You can appeal online or request help by phone if you cannot visit an office.

• Call SSA’s national line: 800-772-1213 (TTY 800-325-0778).
• Confirm the latest service options and hours before visiting.
• Keep copies of all documents you submit and note the dates of contacts.

Where to File and Track Appeals

• Reconsideration and Hearing Requests: You can file online through SSA’s appeals portal or by mailing the required forms listed in your denial notice.
• Appeals Council: File within 60 days of receiving the ALJ decision. You may submit written arguments identifying legal or factual errors.
• Federal Court in Georgia: After the Appeals Council, file a civil action in the appropriate U.S. District Court in Georgia within 60 days of notice receipt, under 42 U.S.C. § 405(g). The case will be decided on the administrative record and the briefs submitted.

Documenting Work and Medical Evidence in Georgia

Coordinate with your Georgia healthcare providers to obtain comprehensive records and functional assessments. If you worked, request employer statements describing accommodations, reduced productivity, or special conditions. Organize pay stubs, timesheets, and receipts for impairment-related expenses to support adjustments to countable earnings under 20 C.F.R. § 404.1576.

Frequently Asked Questions (Georgia, Georgia)

Does trying to work ruin my SSDI case?

No. Trying to work does not automatically ruin a case. SSA assesses whether your countable earnings show sustained SGA and whether the attempt was unsuccessful due to your impairments. SSA also considers subsidies, special conditions, and IRWEs. See 20 C.F.R. §§ 404.1573(c), 404.1574(c), 404.1576.

Can I appeal if SSA said I was working above SGA?

Yes. You can seek reconsideration and a hearing. Provide documentation showing that your earnings should be reduced for subsidies or IRWEs, that the work attempt was unsuccessful, or that your earnings did not reflect competitive productivity. See 20 C.F.R. §§ 404.909, 404.933, 404.1574(a)(2), 404.1576.

What deadlines apply in Georgia?

They are federal and apply nationwide: typically 60 days to appeal at each level, with a presumption that you received the notice 5 days after the date on it. See 20 C.F.R. §§ 404.909(a), 404.933(b)(1), 404.968(a)(1), 404.901, and Social Security Act § 205(g).

Do Georgia attorneys have to be licensed in Georgia to represent me before SSA?

Under SSA rules, you may appoint an attorney licensed in any U.S. jurisdiction or a qualified non-attorney representative, as set out in 20 C.F.R. § 404.1705. Representation before SSA is governed by federal law and SSA regulations. If you want an attorney to provide services outside SSA representation (e.g., in Georgia state courts), that attorney must be licensed for those services under state law.

Action Plan Checklist for Georgia Claimants

• Mark your deadline: 60 days from receipt of your denial notice (5-day mailing presumption). See 20 C.F.R. §§ 404.909(a), 404.901.
• Request reconsideration or hearing promptly: Use SSA’s online tools or file by mail/phone as instructed in your notice. See 20 C.F.R. §§ 404.909, 404.933.
• Gather medical evidence: Request updated records and provider opinions addressing 12-month duration and functional limitations. See 20 C.F.R. §§ 404.1509, 404.1520c.
• Analyze work activity: Identify IRWEs, subsidies/special conditions, and any unsuccessful work attempts that reduce the impact of earnings. See 20 C.F.R. §§ 404.1573(c), 404.1574(c), 404.1576.
• Meet hearing evidence deadlines: Submit evidence at least five business days before the hearing or show good cause. See 20 C.F.R. § 404.935.
• Consider representation: Appoint an attorney or qualified representative under 20 C.F.R. § 404.1705; confirm fee approval requirements under 20 C.F.R. § 404.1720 and 42 U.S.C. § 406.

Authoritative Resources

SSA: How to Appeal a Disability Decision20 C.F.R. § 404.1574 (Evaluating Employee Earnings and SGA)20 C.F.R. § 404.1592 (Trial Work Period)SSA: Substantial Gainful Activity (SGA) AmountsSSA Office Locator for Georgia Field Offices

Georgia-Specific Practical Notes

While SSDI is federal, claimants living anywhere in Georgia file and appeal within SSA’s Atlanta Region. You can confirm your local field office and the hearing arrangements using the SSA Office Locator. For federal court review under 42 U.S.C. § 405(g), Georgia cases are filed in the appropriate U.S. District Court based on your county of residence. Always verify the correct venue and deadlines in your Appeals Council notice.

Legal Disclaimer

This guide provides general information for Georgia residents about SSDI denials and appeals, including how working may affect eligibility. It is not legal advice. Laws and regulations can change. You should consult a licensed Georgia attorney about your specific situation.

Final Step

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