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Working After You are Approved for Social Security Disability

I previously wrote a post about Social Security’s trial work period program but that was back in 2007 so its time for an update.

One of my YouTube viewers wrote me the following which I decided to answer here.

I was recently contacted by SSDI to verify income they have had reported to them since my onset of 2017. I am currently approved as of 2019 and receive benefits for myself and 2 minor children (auxiliary beneficiaries). All of the income for the first 18 months was from an LTD carrier so I think I can easily explain that.

Here’s my question if you have any time to add a thought. I was able to start very part-time and flexible work Dec 2019-March 2020 and then March 2021-June 2022. The amount per month never exceeded $1500/month. Which I know is over the current SSDI limit. I never enrolled in Ticket to Work and now don’t know how to explain it was very flexible, varied week to week based on appointments and that I had to pay for help to get things done to even work.

Obviously I can write all that back, but wondered your thoughts on how that process normally goes. I couldn’t find anything online about responding. Their letter seemed to give a total per calendar year and didn’t break it down monthly.

Secondarily, the amount of $1470/month is low for some jobs. That is really only 12 hours/week for me given my previous jobs. While that could be full time pay for some. The limit is not always a good indicator of how many hours an advanced desk job could be for very few hours.

I don’t want to do anything wrong and be in a situation where I’m paying back incorrect benefits, but I really only worked very part-time while still struggling with my autoimmune disease.

I love your videos and would love any thoughts/help. Thank you for always putting out such great information.

Here are my thoughts:

When you are approved for Social Security disability benefits, you become eligible for and are encouraged to attempt to go back to work. SSA has a “work incentive” program called the “Trial Work Period” or TWP. Continue reading →

Approved Claimant Returns to Work – Are there any Defenses to a Continuing Disability Review or Termination Action by SSA

How should you prepare for a Continuing Disability Review (CDR) or notice of proposed termination?  It depends on how vulnerable you are to losing.   I received the following question from one of my readers:

I received a letter from SSA saying that they are reviewing my current SSDI benefit and possible to end my benefits due to substantial work between 2004 and now.   I would like to have your advisement how I should handle this and what options I can do to keep my SSDI benefits.   I only have Medicare insurance and living with AIDS.   Also, I am deaf.

My response: Social Security is saying that you engaged in “substantial activity” from 2004 to the present.  “Substantial activity” is a term of art and refers to activity that is work or work like activity.   Substantial activity can be work for pay, volunteer work, school or other similar activites.

In a CDR context, Social Security is most likely looking at your earnings record.  As you know, when you work your employer files copies of all W-2’s and 1099’s generated on behalf of employees.  If you were working and your employer was withholding taxes as the law requires there is a written record of your earnings.

I have posted a table on this blog setting out what you can earn and still fall below SGA (substantial gainful activity).   Social Security will look at your earnings month by month to calculate how many months you exceeded SGA.  You could, in theory, could be asked to repay SSA for each month that you received earnings over SGA and also collected SSDI. Continue reading →

What Strategy Should Narcolepsy Claimant Use to Win Benefits?

Back in 2006, I wrote a blog post entitled “Narcolepsy as a Basis for Social Security Disability.”  In that post, I noted that there is no “listing” for narcolepsy, meaning that a successful claim would have to rely on a “functional capacity” argument and that you may need more than strictly medical evidence to persuade your judge.

Recently, I received an email from a gentleman named Michael who asked for some additional information:

I have narcolepsy and even the maximum doses of medications don’t help. I keep losing jobs and will be losing my current job due to this. I do exceptionally well at my job when I feel alright, but I spend at least twenty hours of the day not functional. I’m currently telecommuting full-time and I still can’t stay awake and clear long enough each day to do my work. When I work on-site at a job, people accuse me of being an alcoholic or drug addict because I look terrible and slur my words and fall asleep several times per day. The only thing that prolongs my jobs is that when I’m feeling alright, I am sharper than most and unusually productive. So, they smell my breath and check my arms for tracks and I try to convince them that I’m just tired and that usually suffices for a while, but once again I’m losing my job. I am getting worse as I get older and I can’t maintain myself or watch my own child or regularly brush my teeth, etc. It’s a horrible situation and I’m looking at losing everything (job loss) and I don’t think I will be able to recover my finances this time because my narcolepsy is getting so bad. How could I get disability for this? What happens if a treatment comes around that works, can I get back off disability? If I can somehow start a business and hire other people to do the work in order to get off disability, would I be penalized for trying to get off disability? Even working full-time telecommuting, I get accused of being drunk or using drugs because I randomly sound drunk or on drugs even over the phone. It is so frustrating. Please advise as to what options I have, if any, and thank you for writing something up on the web about this.

Here are my thoughts: Yes, narcolepsy can be the basis for a Social Security disability claim.  Please refer to my August, 2006 blog post referenced above.   If a new treatment is developed, you may absolutely terminate your disability – in fact, if you return to work you are required to notify the Social Security Administration. Continue reading →

Will Graduate Student Work Stipend Cause Paraplegic to Lose SSDI Benefits?

My April 26, 2008 post about attending college and applying for Social Security disability generated a large number of emails and questions.  A reader sent me this question which is about the impact of a stipend and part time job on an SSDI recipient who has already been deemed disabled.

I recently was injured and now am a paraplegic.  Before my injury I was an airline pilot but can no longer fly because of my disability.  I am returning to school to learn a new profession.  My question is “Will accepting aid such as a position as a graduate assistant be considered gainful employment?”  Depending on which school I attend and which program I enter, I will receive a tuition waiver and a stipend of anywhere from $6000 to $20000 a year for working 10 to 20 hours a week.  It is a merit based program; the more competitive I am the more assistance I will receive for basically the exact same duties.  I definitely cannot afford to go to school if I lose my SSDI but would hate to attend a lesser school just to stay under Social Securities’ income limit.  Any information would be greatly appreciated.

Here are my thoughts:  as a paraplegic, you meet the disability listing at 11.04 or under any one of the muculoskeletal listings (Listing 1.00).  At this point, I would assume that medically, there is not a likelihood that you will regain function in your lower extremities, meaning that you will continue to meet the listing on an ongoing basis.

10 to 20 hours a week is not full time employment, although part time employment taken in combination with full or part time school is substantial gainful activity.  It is certainly possible that when your employer reports income to Social Security it will trigger Social Security to review your case.  If you were only working 10 to 20 hours a week, and not attending school, you could argue that your employment was not equal to substantial gainful activity.  If you are getting special accomodations at work because of your medical condition, It would be helpful to document those special considerations.

Taken in combination part time work and school looks like substantial gainful activity –  it would be difficult to argue otherwise.  So, I think that there is a risk that your earnings and college attendance could trigger a continuing disability review, however, I wonder how likely that you will face this.  Your eligibility for benefits is a function of your medical condition and your medical condition is not one that will improve.

The money issue is a separate issue.

You can have earnings and still collect SSDI.   If you earn less than $670 per month, no problem.  If you earn more than $670 in a given month, that month counts as a "trial work period."  You still get your regular benefit check, but you use up one of your 9 trial work period months.  You can also claim necessary expenses against your gross earnings, meaning that your gross can be more than $670.

After you use up your 9 months of trial work, then you move into the "extended period of disability" where SSA will look at your earnings on a month by month basis.

I think you need to look at the eligibility issue and the money issue as separate problems.  SSA does not publish a set "formula" that might tell you what level or earnings and/or activity can trigger a review. 

Does Trial Work Period Start as of Onset Date or After Expiration of 5 Month Waiting Period?

I just got a fully favorable ruling from an ALJ, but the onset date has been amended.  Without going into a huge amount of confusing detail, I was supposed to get a partially favorable for a closed period, instead I now have a fully favorable with onset date starting Nov. 15, 2007.  To prevent losing my house, I had to start working some.  I am wondering if my trial period starts aftr the 5 month waiting period which would begin in April, or would the trial working period begin with the onset date?
–Jim

Jonathan Ginsberg responds: Jim, I believe that the trial work period starts as of your onset date.  The 5 month waiting period only has to do with payments.  I wrote about trial work periods on a fixed page on this blog – take a look by clicking on the link.

You should also speak with your lawyer about whether to appeal the decision.  If the judge stated on the record that he identified a closed period, and you start working, you may find yourself with a continuing disability review or an action to terminate benefits.

You only have 60 days to appeal a decision and you could lose your right to the closed period lump sum if you do not appeal.  Maybe it makes sense to appeal and maybe not.  I just think you need counsel about this issue and that you need to be proactive.

Working After a Favorable Disability Determination – Potential Problems

Jonathan, I have a question I hope you can help me with. I am a 57-year old computer programmer. In March of 1999 I suffered a stroke, and in July 2002 I filed for SSDI benefits. I was initially rejected but was approved following a hearing. My question is; I have been working full-time since mid_oct of last year, except for a two-month break. When I call the SSA, they either tell me that, if I continue working I will be subject to a CDR, or they tell me the exact opposite, that I can continue to work for three more years and still retain my disability status. I would very much appreciate it if you could tell me which is which, since I have to make a decision in the next two weeks whether or not to continue working. Thank you.

–Morris

Jonathan Ginsberg responds:  Morris, I think you are confusing two different issues.  A CDR (continuing disability review) is a review of your medical condition to determine whether you continue to meet the legal definition of “disability.”  In other words, does your medical condition still meet a “listing,” does your functional capacity prevent you from functioning as a reliable employee, or do you continue to meet the medical-vocational guidelines (the grids).   Often times the presence of an earnings record in a disabled person will trigger a CDR.  Again, the CDR is a medical review.

The 36 month issue falls into a different category.  After you start receiving benefits, you are eligible for a “trial work period” for up to 9 months during any 60 month period.  During that trial month period, you continue to receive your regular benefit even while you work.  Once you have used up your 9 months of trial work, you go into an “extended trial work period” of 36 months (which is apparently where you are now).  During that time, you would receive benefits for any month where your work is not “substantial” ($860 earnings per month).   The extended work period looks at your earnings and has nothing to do (presumably) with your medical condition.

Take a look at SSA publication 05-10095 for more information about the extended trial work period.

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