Manchester Township, NJ asked in Employment Law and Social Security for New Jersey

Q: Should I be concerned I am being discriminated against for being on disability

I am on Social Security Disability and I applied for a job at a local grocery store. I revealed this fact to the interviewer when I was called. I explained I could only work 19 hours due to Social Security. They said they for people who could work between 10-24 hours but they preferred 24 hours. So I checked with Social Security and found I could work 24 hours and called them back. They then said they were looking for people who could work 30 to 35 hours, May be hiring after Easter and would let me know. I feel they are stalling.

1 Lawyer Answer
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn
  • Social Security Disability Lawyer
  • Raleigh, NC

A: They likely didn’t want to have to worry about how they scheduled you and might have been concerned about a possible worker’s comp claim. You’d likely have a hard time proving the didn’t hire you just because you are disabled.

However I’m concerned that you think there is a certain number of hours you are allowed to work and still collect disability. That’s a common belief but it isn’t accurate. The more you earn the more likely Social Security is to determine you could actually be working more. Disability is based on what you are able to do, not what you are actually doing. So if you are able to work enough to earn substantial gainful income (a little over $1000 a month before taxes) then you are not disabled. Purposely reducing your hours of wait or your earnings to stay below that limit will not pass through a review unnoticed.

If you are on SSI then your benefit amount is reduced based on your income. SSDI does have a program that allows you to try working and not lose your benefits. Your get a nine month trial work period, but there are a lot of rules surrounding how this is calculated. If you had an attorney who helped you with your disability claim you should contact them to ask about work.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.