How to Work while Remaining Eligible for Disability

The Social Security Administration, or SSA, provides monthly support to individuals who qualify for disability. According to the SSA’s guidelines, an individual may qualify for disability benefits if the individual has a medically determinable physical or mental impairment that prevents the individual from doing any substantial gainful activity. If you are receiving disability benefits but are considering transitioning back to work, you can remain eligible for disability benefits. The SSA created a trial work period to help individuals receiving disability benefits try to return to work without fear of sacrificing their disability benefits.

Trial Work Period

If you are thinking about returning to work after receiving disability benefits, consider the SSA’s trial work period. The trial work period allows an individual who is receiving disability benefits to return to work for nine months with no affect on his eligibility for disability benefits. Participating in the trial work period is a good way to determine if an individual will be able to return to work and can help transition an individual back into the workforce.

While you are participating in the trial work period, you will continue to receive full disability benefits no matter how much you earn as long as you continue to have a disability. The SSA does not limit how many hours per week that you are able to work and you can work in any occupational field. In addition, if after returning to work you would like to take some time off, you are still eligible to participate in the trial work period because the trial work period continues for 60 months. After you work for nine of the 60 months, the trial work period ends. If you lose your job during the trial work period, it will not affect your disability benefits.

Keep the SSA informed of your employment status. Contact the SSA if you start or stop a new job or there are any changes to your work status. After the SSA receives the updated employment information, they will confirm receipt by sending you a confirmation. It is important that you retain a copy of the letter of confirmation from the SSA.

Income and Substantial Gainful Activity Limits

After the trial work period expires, the SSA allows individuals to continue receiving disability benefits for 36 months as long as the individual’s employment does not constitute substantial gainful activity. As of 2011, the SSA’s guidelines state that if an individual makes more than $1,000 a month, the individual’s disability is not interfering with their ability to support themselves, and disability benefits must cease.

Each year the SSA updates its earnings requirements. However, the SSA allows work expenses related to the individual’s disability to be deducted from the individual’s earnings. Work expenses may include items necessary to assist you with work including special transportation, assistance or medication.

Getting Legal Help

The disability benefits system is complicated. If you have questions about how to work and remain eligible for disability benefits, contact an experienced disability attorney.