Can I work part-time while my TDIU or SSDI claim is pending?

This is one of the most common questions among veterans waiting on TDIU and SSDI decisions, and the two programs handle work differently.

For TDIU (Total Disability based on Individual Unemployability), the standard under 38 CFR 4.16(a) is whether your service-connected conditions prevent you from securing or following "substantially gainful employment." The regulation carves out an exception for "marginal employment," generally defined as annual earned income that falls below the federal poverty threshold for one person, or work in a protected/sheltered setting (family business, sheltered workshop, accommodated position). Income below that marginal threshold is typically not treated as evidence that you're capable of substantially gainful work. However, if you take a job that pays above that line, even part-time, it can be used as evidence against your TDIU claim, so the safest approach is to keep any earnings well under the poverty-level threshold and to document that the work is limited, accommodated, or otherwise not comparable to competitive full-time employment.

SSDI is stricter and less flexible. The Social Security Administration applies a specific monthly Substantial Gainful Activity (SGA) dollar limit, which is updated annually and differs for blind versus non-blind applicants. Earning above that limit while your claim is pending can result in a technical denial regardless of how severe your medical condition is, independent of any Trial Work Period rules that apply only after you're already approved. Because the exact SGA figure changes each year, verify the current number directly on ssa.gov or with your disability attorney/representative before accepting any paid work.

Because the interaction between marginal employment, SGA, and ongoing claims is fact-specific, it's worth talking to a VSO or accredited representative before starting any job, even something small and part-time, so the income and job description get characterized correctly if either agency asks.

The concrete next step: before accepting any part-time work, contact your VSO or SSDI representative to confirm the current poverty-level and SGA thresholds and get the job type documented in a way that won't undermine either pending claim.