What are the rules for working while on disability?

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Question:

What are the rules for working while on disability?

Answer:

Working while on disability may seem counterintuitive since the purpose of disability benefits is to provide income for people who cannot work. However, as long as you continue to meet the SSA's definition of disabled, the SSA will continue to provide you with benefits while encouraging you to try getting back into the workforce. This is done through something called the "trial work period," which allows you to work for a set period of time with no interruption to your benefits at at all. 

The SSA Trial Work Period Rules

The SSA actually affords you with ample opportunity to work without putting your benefits at risk. The basic rule are as follows:

  • You may work for a total of 9 months out of a consecutive 60-month period of time and have those 9 months count as the trial work period. In other words, if you work 9 total months of 5 years, even if those 9 months aren't all together, you'll have used up your trial period. If you don't get 9 months of work in one year, the five year period keeps rolling on, one month at a time until you get 9 months of work in within 5 years. 
  • You are considered to have worked for one of your 9 total months if your income for the month is $720 or more, as of 2011. This number can change every year. 
  • Even after you've completed your trial 9 months, you still have further opportunity to try out working without having to reapply for benefits again. In the extended eligibility period, as it is called, you have another 36 months during which you can still receive benefits for any month you do not work. Here, the determining dollar amount for whether you can receive benefits is the substantial gainful activity level, which is $1000 a month. Again, this is a 2011 number. 

Once you have completed this amount of work, your benefits will cease. However, if at any time over the next 5 years you become unable to work again as a result of your condition worsening, you can take advantage of something called 'expedited reinstatement' to get the benefits back without having to go through the full benefits program. 

The SSA will also try to help you find employment through a program called Ticket to Work, in which you may receive free or subsidized skills training to help you learn how to find work in a job you can still do with your disability. 

Getting Help

If you have concerns about any aspect of the SSA benefits program, the best thing you can do is to speak to a lawyer. A qualified attorney can give you guidance and advice on SSA rules so you do not accidentally do anything that could ever harm your chances of receiving benefits. 

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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