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Category Archives for Work attempts

Can I Work After My ALJ Hearing But Before A Decision is Issued?

An attorney named John wrote me with the following question.  The email address he used was not valid so I decided to answer his question on my blog.  The question:

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 https://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.

Does Accepting Unemployment Benefits Hurt My SSDI Case?

Should you accept unemployment benefits while your SSDI case is pending?  My experience has been that Social Security judges will have concerns if you accept unemployment compensation during your wait for your Social Security hearing.

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]

Working After a Disability Award – Trial Work Periods and the Extended Period of Disability

A gentleman named Ken asks the following question about trial work for disability claimant:

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]

Trial Work Period Earnings After Benefits Awarded – Will Benefit Amount Increase?

Dear Jonathan, I had a question posted several months ago concerning working full-time after being granted SSDI, and I had another related question. I’m currently working full-time as a computer programmer, which is the type of job I had previously. If I were to stop working again because of health reasons, and return to SSDI, would the social security taxes I’ve paid in the past year result in an increase to my SSDI benefits, or would the amount remain the same? Thank you.
–Morris

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]

What are the rules for my trial work period?

Hi, I have been disabled for a few years now and am thinking about returning to work, I would like to stay under the amount necessary to continue my ssd ? How do I do that? and do I report the income to someone at ss?AND what if I want to TRY returning to work full time? –Valerie

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.

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