Can I work without jeopardizing my Social Security disability benefits?

April 10, 2014 (Press-News.org) Consider this hypothetical: A woman, disabled for 12 years, recently divorced, facing tight financial times, is worried about her financial future. Although she is concerned about her physical ability to handle any meaningful work, especially considering she is on a daily pain killer regime, she is considering part-time employment to supplement her income. More importantly, however, she is concerned how any part-time employment might negatively affect her Social Security Disability benefits. This woman is not alone; many people who receive SSA disability payments would consider attempting employment, but are hesitant because they are uncertain on how it might affect their disability payments which they have come to rely on for their sole means of support. For these people, understanding the rules is vitally important.

The rules

Being disabled, by SSA definition, means that you unable to perform substantial gainful employment--for 2014, that means earning more than $1,070 a month for a non-blind disabled person, and $1,800 for someone who is blind. Once a person qualifies for disability benefits, there are special rules. Under Social Security, the law creates what is called the Temporary Work Period [TWP]--a nine-month period which is spread over a 60-month period. During this period, a recipient can earn an unlimited amount without losing or lowering their monthly disability benefit so long as the work activity is reported to Social Security and the underlying impairment continues to exist. For 2014, a temporary work month is defined as any month in which a recipient makes total earnings more than $770; for anyone who is self-employed, the TWP is any month in which a recipient makes total earnings more than $770 less expenses, or works in excess of 80 hours.

After a recipient has exhausted their nine months of TWP eligibility, the law provides for what is called the Extended Period of Eligibility. This is a 36-month period during which benefits will be continued provided the recipient is still disabled and his or her earnings are not what SSA considers "substantial" again, that means earning more than $1,070 a month for a non-blind disabled person, and $1,800 for someone who is blind. If a person earns more than this amount, then the entire disability benefit is lost, although a two-month grace period is provided for. If a person finds that they cannot continue the work because of their impairment at any time during the five years following their termination, the law provides for an expedited reinstatement.

Good advice is important.

Social Security disability laws and regulations can be difficult and confusing for the average person to navigate through. If you are considering filing for disability benefits or have questions regarding your rights as a SSDI recipient, it is important that you seek the advice of a New York attorney experienced in Social Security law.

Article provided by Robert A. Koenigsberg Law Offices
Visit us at www.nyworkerscomplawyer.com