Working with a disability? There's a form for that...

Government programs come with rules and rules come with forms.  The more rules, the more forms.  The forms are time consuming and may be confusing, but they are also the best way to present your situation.  There is no rule that says people who get Social Security benefits cannot work.  But those who do work have to follow specific rules and, yes, submit specific forms.

If you work, or have worked, and apply for Social Security Disability Benefits—either SSI or SSDI—you will need to deal with some confusing terminology and one twelve-page form right out of the gate.  The terminology has to do with the fact that when the Social Security disability application says, “Are you able to work?”  What it should say is, “Are you able to work at a level where you can earn more than $1,690/month?”  This is because a person, who can earn $1,690/month or more from work, is able to perform “Substantial Gainful Activity” and cannot be “disabled” under the Social Security Administration’s rules.  On the other hand, a person who is working but not earning that much may have a disability under the SSA’s rules, depending on the limitations they face from their physical, mental, or emotional/behavioral impairments that prevent them from working more than that.  This distinction is critical, because the second question on the SSA’s online application is “During the last 14 months, has the applicant been unable to do any substantial gainful work because of illnesses, injuries or conditions that have lasted or are expected to last at least 12 months or can be expected to result in death?”  If you say “no” to this question, because you are working and are unclear about the “substantial gainful” part, you are unable to submit the disability application.

Even if you answer “no” to that initial question, if you indicated the latter in the application process that you do or have worked, you will probably be sent a form SSA 821 BK as part of your follow-up homework.  The purpose of this Work Activity Report is to determine whether the work you are doing or have recently done is substantial and gainful.  The SSA receives wage and salary information from corporate payrolls through an information-exchange system and also from the IRS.  The first section of the form asks whether you have worked since the date you claimed your disability started. The second section is designed to separate income from a paystub or tax form that represents work from income that may pass through those documents, but represents paid time off, workers’ compensation, or similar.  There is also “another” category just for something that isn’t covered, such as an expense reimbursement.

The third section requests information on current and/or past employers, since the date when you claim that your disability started.  This can be confusing for people with intellectual or developmental disabilities that essentially start at or before birth or for anyone whose impairments started before s/he reached legal employment age.  In that case, it is good to include at least one’s current employer so that the SSA has a source from which to evaluate whether you are or are not performing work that is substantial and gainful.  This section asks for data including contact information, dates worked, rate of pay, and reason for leaving.  There is room for three, but you can use a separate sheet if there are more.  You have the opportunity to submit paystubs as well.

I am a fan of the newest (9/2025) iteration of the SSA 821, because it explains work incentives in the clearest way that I have encountered on an SSA form thus far.  Section 5 explains how the Social Security Administration may conclude that some of the income that you receive for your work is not directly attributable to your work efforts because you have extra support on the job.  This could include things like job coaching, informal coaching from coworkers, fewer or easier tasks than coworkers, permission to work at a slower rate, or more time off than coworkers.  Collectively, these accommodations are termed “subsidies” or “special conditions” by the SSA.  Substantiating special conditions will require additional documentation, but if you think you have them, it is important to list them on the 821 so that the SSA can appropriately assess your true capacity for employment.  If any of the on-the-job support services are provided by an outside agency, it is a good idea to provide that agency’s contact information.  Section 6 requests information on any changes that you might have made to your work due to either your impairments or a worsening of your impairments, including reducing your shifts or hours, reducing your hours, or stopping a job after less than 6 months. 

Finally, Section 7 allows you to list out expenses that you incur because of your disability that are also necessary to maintain the functional level that you need to work.  Such expenses might include the costs to see medical practitioners or therapists, the cost of medications and treatments, the cost of durable medical equipment or disability-related technology, or even the cost of commuting to and from work if your disability requires a specialized mode of transportation.  Such out-of-pocket costs may be “Impairment Related Work Expenses” or “IRWE” and may be deductible before the SSA assesses whether your earned income rises to the level of substantial or gainful.  It is important to include all such expenses, except any portion covered by insurance or other third parties.

Just as the Adult Function Report is your opportunity to tell the story of how your conditions affect your daily living, the Work Activity Report is your opportunity to explain how (even though you can work and want to work) your overall capacity to work is still limited by your impairments.  Because many people with disabilities are working but still need benefits, the SSA 821 is a mission-critical form.