As an Illinois disability attorney, I speak with many clients who have spent years working in freelance, contract, or app-based jobs. The growth of the gig economy has allowed many people in Illinois to earn a living on their own terms. However, when a serious illness or injury prevents them from working, they often run into problems when applying for Social Security Disability (SSD) benefits. Unlike traditional employees, gig workers face unique challenges with eligibility and documentation. If you’re a freelancer trying to apply for SSD in Illinois, you need to understand how your work history affects your case—and how to protect your rights.
To qualify for SSD benefits through the Social Security Administration (SSA), you must have a disability that meets the SSA’s definition and prevents you from performing substantial gainful activity. You also must have worked long enough and recently enough in jobs covered by Social Security. For employees, these work credits are automatically tracked. But if you’re self-employed or working as a 1099 contractor, it’s up to you to ensure your income has been properly reported and that you’ve paid self-employment taxes.
Under Illinois law, SSD claims are governed at the federal level, but many issues related to income documentation, earnings history, and appeals also fall under state procedures. Illinois claimants must often appeal denials through hearings at the Office of Hearings Operations (OHO), and the appeals process can be difficult without legal help.
When you work as a freelancer, your eligibility for SSD benefits depends on whether you’ve paid into the Social Security system. To do that, you must report your income and pay self-employment taxes through the IRS using a Schedule SE. You earn one work credit for every $1,730 in net income (as of 2024), up to four credits per year. Most people need 40 credits, including 20 earned in the last 10 years, to qualify for benefits. However, younger workers may qualify with fewer credits.
I’ve worked with many gig workers who were shocked to learn they hadn’t earned enough credits—even after years of hard work—because they didn’t report enough income or failed to pay self-employment taxes. That’s why accurate reporting matters. The Social Security Administration checks your reported income when reviewing your claim.
Freelancers often face another hurdle: proving that they’re no longer able to perform any kind of substantial work. Because gig work is flexible, the SSA may argue that you can still find a way to earn an income—even with a disability. To overcome that, I work with clients to build a strong medical record and clearly explain how their condition limits them.
If you’ve been denied SSD benefits, it’s important to appeal quickly. Under 20 C.F.R. § 404.909, you generally have 60 days to file a reconsideration. Illinois claimants can then request a hearing before an administrative law judge. The hearing is your opportunity to present your medical evidence, explain your work history, and argue for the benefits you deserve.
To qualify for SSD benefits, you must earn enough work credits by reporting income and paying self-employment taxes. If you haven’t paid those taxes, the SSA may say you’re ineligible—even if you’ve worked for years.
Yes, but only if your income was reported and self-employment taxes were paid. You must also prove that your medical condition prevents you from doing any substantial work activity.
As of 2024, the SSA considers monthly earnings over $1,550 (or $2,590 if you’re blind) as substantial gainful activity. If you’re earning less due to a disability, you may qualify for benefits.
The SSA may argue that gig work allows you to adjust your schedule and keep earning. That’s why it’s important to document how your condition limits your ability to consistently perform any work.
Unreported income won’t count toward your SSD eligibility. If you didn’t file taxes, the SSA may not credit your work, which can hurt your claim. You may need legal help to sort this out.
You can file an appeal, starting with a request for reconsideration. If that’s denied, you can request a hearing. It’s important to act within 60 days of the denial letter to protect your rights.
It can be. The SSA may question your work history, tax records, or your ability to work part-time. That’s why it’s critical to build a strong case with detailed medical records and work documentation.
Your medical records, daily activity logs, and a detailed function report can help. You may also need statements from clients, coworkers, or others who saw how your condition affected your work.
Yes, in limited circumstances. The SSA allows you to earn up to a certain amount through the Trial Work Period program. However, working too much can affect your eligibility.
You’re not required to have a lawyer, but SSD claims involving gig workers often raise complex issues. A lawyer can help you avoid mistakes, gather the right evidence, and improve your chances of success.
If you’ve worked as a gig worker or freelancer and need help with your SSD claim, I can assist you. At Harold W. Conick & Associates, I’ve helped many Illinois clients overcome denials and win the benefits they’re entitled to—even after being told they don’t qualify. Contact our Chicago SSI attorney at Harold W. Conick & Associates by calling (800) 608-8881 to receive your free case evaluation. Our office proudly represents clients in Chicago and throughout the state of Illinois. Let’s talk about your situation and how we can protect your rights.
