Legal Question in Social Security Law in Washington

Re: Voluntering while collecting disability

The key here is whether the volunteer activity demonstrates an ability to engage in "substantial gainful activity" (i.e., generally, work that would pay $700 per month or more). How many hours per week? What is the exertional level of the work (sedentary, light, medium, heavy)? What is your husband actually doing? Is he just sitting around chatting with folks or is he doing some physical work? Is the work that is being performed such that the employer would normally pay someone to do it?

Remember that Social Security will look past the question of whether the work is "volunteer" or not and determine whether it shows that your husband could be doing this same activity level and be earning a paycheck. If so, Social Security may find that he is capable of "substantial gainful activity" and therefore no longer disabled.

If Social Security decides to stop your husband's benefits, he will get a notice and be allowed time to appeal. If you get such a notice, I urge you to consult with an attorney immediately. In some cases if you appeal within 10 days you can continue to receive benefits during the appeal.

Best of luck!