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.