What about work efforts after winning your disability case?  Generally you will earn more money and be more fulfilled as a person if you can work, as opposed to sitting at home collecting disability benefits.  Obviously, Social Security would prefer that you leave the rolls of disability claimants, and statistically, 90% of disability recipients would like to go back to work (although less than 1% actually do, perhaps because they do not know how).  So what are the rules?

I have set out the specifics about returning to work after being approved for disability on a special topic page on this site.  Click on the link to learn more about this.

You may not be aware, however, that Social Security has several programs available to you that help you try to return to work without penalizing you for trying.  Perhaps the most developed program in this regard is called the “Ticket to Work.”

My colleague, Chicago Social Security disability attorney Aaron Rifkind, has written a clear and informative article about the Ticket to Work program.  Aaron also publishes an excellent Social Security disability blog, which I read regularly.  As Aaron notes, the Ticket to Work program is:

• completely voluntary
• completely free
• open to all current SSDI and SSI recipients

With Aaron’s permission, I am reproducing his Ticket to Work article here:

Thousands of Americans are deemed by the Social Security Administration (SSA) to be disabled every year and accordingly receive Social Security Disability Insurance (SSDI), Supplemental Security Insurance (SSI), or both. The misconception among the many who receive Social Security disability benefits is that after receiving those benefits they have to stop working. The common fear is that working will cause them to lose their Social Security disability benefits. While it is true that in some circumstances working can cause the SSA to stop giving out disability benefits, most people that I have talked to have never heard of the government sponsored Ticket to Work Program.

The Ticket to Work Program was a response by the government to all of the barriers that were originally created to stop people with disabilities from working. Ticket to Work (click to view info from official SSA site) was created as part of the Ticket to Work and Work Incentives Improvement Act of 1999. The goal of Ticket to Work according to SSA was to increase opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation, and other support services from public and private providers, employers, and other organizations.

Ticket to Work is voluntary and those who wish to participate in the program can apply with SSA. After completing the application, SSA will administer a ticket to the individual which looks similar to a ticket for a sporting event. The ticket includes the issue date, ticket number, and person’s claim number. Once you have your ticket, you can then proceed to the nearest State vocational rehabilitation agency or Employment Network (EN) for services. Once the ticket is handed to either a State vocational rehabilitation agency or an EN, they can offer you services to help you go back to work. Hopefully, through the help of either service you will be able to receive a meaningful and fulfilling employment position. It is worth noting that an individual can continue to receive healthcare benefits even though he or she has obtained employment. What is also great about Ticket to Work is that even if you begin your job and find yourself unable to complete the necessary daily tasks, you can immediately stop working and receive an expedited reinstatement of benefits.

If an individual chooses to participate in Ticket to Work it is important to know that you will NOT automatically lose your disability benefits. There are special rules in place called “work incentives” that allow the individual to keep cash benefits and Medicaid or Medicare while you test your ability to work. For people receiving SSDI benefits, the trial period is an accumulated nine month of services within a 60-month period. In 2009, your work constitutes services if you earn more than $700 a month. For those receiving SSI benefits, your work may affect the amount you receive but SSA counts less than half of your earnings when they compute your check. If you want to see how Ticket to Work would affect your individual benefits, you should contact a Work Incentives Planning and Assistance (WIPA) Program prior to making any final arrangements with a State vocational rehabilitation agency or EN.

Many disabled individuals receiving Social Security disability benefits are under the impression that it is good not to work. They think that it is bad to work because if they did, SSA would immediately terminate their benefits. This misconception has caused numerous disabled individuals to shy away from pursuing their dreams in the workforce. For those individuals, Ticket to Work is a wonderful untapped resource. Ticket to Work can serve not only as a great resource, but as a tool to help people obtain both meaningful and fulfilling employment.  You can visit SSA’s Ticket to Work page at www.ssa.gov/work.

i’m 57 yrs old & have filed for ssd due to herniated discs & arthritis of the knee. what happens to my case if i return to work before i get a hearing? i don’t know how long i’ll be able to work , but i got to try.

Jonathan Ginsberg’s response: If you have read this blog and educated yourself about Social Security, you know that the main issue in any Social Security case turns on whether you can perform some type of work reliably 8 hours a day, 5 days a week with normal breaks.  If you are working, by definition, you are not disabled.

Attempting to work while your case is pending may or may not be a problem.  If you try to work and last only a few days or even a few weeks, the judge will see that as an “unsuccessful work attempt” that demonstrates your sincere desire to work and your inability to do so.

Once you stay at a job for more than 3 months, however, it starts to look like you have the capacity to perform “substantial activity.”

Remember that Social Security’s definition of disability looks to whether you have missed or are likely to miss 12 consecutive months because of your impairment.  I have represented several clients who missed 12 months, and then returned to work and we argued for a “closed period” of disability.   If you are out of work for less than 12 months, you are not likely to be approved so you and/or your lawyer should pay attention to the timing of events in your case.

I generally advise my clients that they will earn more money and they will be more fulfilled if they are able to work and I encourage them to do so.  However you need to be realistic about your capabilities – you do not want to go back to work just long enough to damage your Social Security case but not long enough to support yourself over the long run.

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. 

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.

I have a client who would like to know if he can work while waiting for his SSDI benefits to be approved?

Here is my response:  John, I think that any work would be evaluated under the 9 month trial work period rules (see http://www.ssdanswers.com/how-much-can-i-earn-and-still-collect-ssdi/ ).   However, I think that working carries some risk.  The Judge can look at a current earnings record and if he/she sees work activity that could result in a second hearing or, even worse, lead a judge to deny.

SSA sees things in black and white.  I am therefore not a fan of work prior to the issuance of a decision.  I have  a case right now in which I won but the SSA investigation office found evidence of work and the decision has been reversed and the case remanded for another hearing.  I think that I will have an uphill battle in that case.

Generally, when you apply for unemployment, you are asserting that you are ready, willing and able to work.  You may also be required to report to your local unemployment office with proof that you have looked for work and you may be required to attend vocational rehabilitation or other programs to help you resume employment.

While I think that unsuccessful work attempts can help your Social Security case by demonstrating your motivation and credibility, my sense is that if you accept money from a state unemployment agency, you demonstrate your belief that you have the capacity to work a full time job.  There are enough claimants out there that manage to find a job that they end up losing, that some judges may feel that a person collecting unemployment is looking for a specific type of job as opposed to any work.  Since Social Security disability looks to your capacity to perform any type of job, your receipt of unemployment compensation may muddy the waters.

That being said, I don’t hear judges asking about unemployment as much as I used to, now that the wait for a hearing can be two or three years.   Still, be aware that if you do apply for and receive unemployment compensation you may be asked to reconcile your claim that you cannot perform competitive work with your assertion that you are ready, willing and able to accept employment.

[tags] Social Security disability and unemployment compensation, unsuccessful work attempt [/tags]

I am a self taught guitar player, not professional by any means, I could not do this for a living. But I do get paid periodically to play with a partner at bars and restaurants and such. This is fleeting at best, and most of the time there is nothing going on.  Right now I’m making around $500 to $600 a month, but next month I could be making
nothing, and that usually will last for months.What is my situation with ssd (I am collecting ssd for stomach ailments and nerve problems) Do they average out what you might make in just 6 months, over the course of a full year?

Jonathan Ginsberg responds:   Ken, your question has to do with two provisions of Social Security law – the "trial work period" and the "extended period of disability."   Here’s how they work:

After you are found to be disabled, Social Security wants you to try to work.   During any 60 month (5 year) period after your disability starts, you can and should try to work.  If you earn less than $640 in a particular month, there is no problem.  If you earn more than $640 in any calendar month, that month counts as a "trial work period month."  You can have up to nine (9) trial work period months in any 60 month period.

Once you show nine trial work period months, your classification changes to something called the "extended period of disability."  During this period, you will receive your check for any month in which your earnings fall below $900 ($1,500 if your disability is based on blindness).   So, for example, if you earned $1,200 in June and $50 in July, they would count June as a month where you earned "SGA" (substantial gainful activity) but July would not count.

At the end of the 36 months your extended period of disability stops as do your disability payments.

If, however, during a five year (60 month) period from the start of your extended period of disability, your condition worsens and you cannot work, SSA will restart your benefits immediately without requiring you to file a new application.  However, if SSA later determines that you are not disabled, you will be expected to pay back the restarted benefits

My advice, therefore, is to keep very good records of your earnings.  I have been involved in cases where SSA miscalculated or showed too much earnings for a particular month in the extended period of disability.

Note also that the dollar figures for trial work periods and extended periods of disability may change from year to year.  To the best of my knowledge, the above figures are accurate for 2007.

You can read more about trial work periods or extended periods of disability in the official SSA publication 05-10095.

[tags] extended period of disability, trial work period, SGA work [/tags]

Jonathan Ginsberg responds: Morris, good to hear from your again, and thanks for the question. Here are my thoughts:

1. if you are working again after being found disabled, you can collect your regular income for 9 months without affecting your disability pay. This is called the 9 month trial work period.

2. after the nine months, you go into an extended trial work period for 36 months. During any month during that 36 month period where your earnings drop below the substantial gainful activity limit, you will recieve a disability check for that month.

3. I believe that if you have added earnings to your record, the rolling period of eligibiltiy (date first insured and date last insured) will adjust as would your benefit amount. I am not aware of any provision in the law that prevents additional earnings from increasing your SSDI benefits, but I have not ever seen this question posed. If anyone reading this has a different opinion, or, Morris, if you discover the answer one way or the other, please let me know.

[tags] trial work period, earnings after disability award, extended trial work period, Social Security disability [/tags]

Jonathan Ginsberg responds: Valerie, the answer to your question can be found in SSA publication 05-10003. Basically it provides that for 2005, you can earn $830 per month without being considered “substantial gainful activity” ($860 per month for 2006). If you have never tried to work before you have a 9 month “trial work period” where you keep your benefits no matter what you earn. If you earn less than $590 per month ($620 for 2006) it does not count as one of the 9 trial work period months. You must report all earnings to Social Security. You can call your local SSA office or SSA’s national number -800-772-1213.