Title II Disability Work Rules Part I: Will I Lose My Disability Benefits if I Try to Work? (2023)

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Barbara Isenhour, Esq., of the firm of Isenhour Bleck, PLLC in Seattle, Washington. The firm focuses on government benefits for individuals with disabilities and estate planning for families with special needs children. A board member of NAMI Eastside in Redmond, Washington, and Full Life Care in Seattle, Barbara frequently lectures around the state of Washington on issues involving special needs trusts and government benefits for the elderly and disabled.

October 2011 - Vol. 5, Issue 17

Sometimes a person receiving disability benefits has an opportunity to work. The individual still has a medical disability but would like to have a job and earn a wage. A job may mean more monthly income than the disability benefit, and the job can provide a sense of purpose and personal growth. Even with these potential benefits, there is often anxiety about trying to work: “What if my work attempt is unsuccessful?” “Will I end up with less net income than the SSDI cash benefit if I try to work?” And for many individuals attempting work, the biggest worry is what will happen to their health benefits from Medicare or Medicaid.

Title II Disability Benefits

This article discusses how work can affect a person’s eligibility for Title II disability benefits, commonly referred to as “Social Security Disability.” The next Voice article will discuss preserving Medicare and Medicaid benefits when a Title II disability recipient begins to work.

Title II of the Social Security Act provides three types of insurance benefits for individuals with disabilities. Some people receive Title II disability benefits on their own work history (Social Security Disability Income or SSDI). Others receive Title II disability insurance on the account of a deceased spouse or former spouse (Disabled Widow(er)s Benefits or DWB). Some adult children receive Title II disability benefits on the account of a disabled, retired or deceased parent (Childhood Disability Benefits or CDB). In order for a worker, spouse, or child to qualify for Title II disability benefits, the worker on whose account benefits are paid must have paid Social Security taxes on earnings and must have earned the requisite number of work credits. (An upcoming Voice article will cover the work history requirements in order to qualify for Title II disability benefits.) Title II disability benefits are a type of insurance and are not affected by a person’s assets or unearned income.

(Video) Title II Disability Benefits and Work

For simplicity this article refers to SSDI benefits for the disabled worker, but the rules discussed below also apply to CDB and DWB beneficiaries. This article does not cover the work rules for recipients of Supplemental Security Income or SSI, a needs-based benefit available to qualifying elderly, blind or disabled individuals. SSI work rules are different from Title II work rules, and they will be covered in an upcoming Voice article.

There are a couple of preliminary concepts to keep in mind whenever discussing how work affects SSDI benefits. First, wages do not reduce or offset SSDI benefits. Either a person is eligible for SSDI in spite of the wages, or the wages will show the person isn’t disabled and thus not qualified to receive SSDI. It is an “all or nothing” system for SSDI. Second, wages are counted in the month the work is performed, not the month in which the wages are paid.

There are several separate components of the SSDI work rules that must be pieced together to understand how a job and wages can affect a person’s cash benefits. These components include trial work period, substantial gainful activity, extended period of eligibility and expedited reinstatement of benefits. For this discussion, assume that the disabling medical condition still exists but that the SSDI recipient is going to try to work in spite of the medical condition. Also, remember that the financial figures referenced below are likely to change annually – check the Social Security website for the latest figures.

Trial Work Period

Keep in mind that in order to qualify for SSDI, in most cases a person must show an inability to engage in substantial gainful activity (SGA) described in more detail below. Social Security will monitor the SSDI recipient’s earnings as a way to find out if the individual is again able to engage in SGA and therefore is no longer disabled.

After SSDI benefits begin, Social Security will first count every month when the individual’s gross wages equal or exceed $720 toward a “trial work period” (TWP). (Work deductions discussed below are not counted.) For self-employed individuals, months where net income equals or exceeds $720 or where the hours worked exceed 80 hours per month will be counted as a trial work period month. Months when earnings equal or exceed $720 are referred to as service months. An individual is entitled to have 9 service months treated as the TWP. The months do not have to be consecutive months but must be within a five-year period. An individual is only entitled to one TWP.

(Video) New Rules for Working While Applying for Social Security Disability

While individuals are in a TWP it does not matter how much they earn in wages. The Substantial Gainful Activity limit does not apply during the TWP. During the TWP, SSDI recipients will receive their wages, no matter how high, as well as their SSDI benefit.

Example: Jennifer is 28 years old and was severely injured in an auto accident when she was 24. Jennifer worked prior to her accident and was eligible for an SSDI benefit of $800 per month based upon her earnings before she was injured. A year after Jennifer’s accident, she was offered a part time job with Kmart as a stocking clerk. In June through November of 2008 Jennifer earned $800 per month (6 months). In March, August and September of 2009 Jennifer earned $1,500 per month (3 months). Since Jennifer earned more than $720 in each of these months, as of the end of September 2009 Jennifer had completed a TWP of nine months. Until the end of her TWP, it did not matter how much Jennifer earned in wages. She could have earned $3,000 per month and she still would have received her SSDI benefit of $800 per month in addition to her wages for those nine TWP months. On the other hand, if her earnings had been only $710 per month during her first six months, she would not have used up her nine-month TWP, but only three months of it, and would still have received her SSDI benefit even if earning $1,500 per month for the remaining six months of the TWP after September 2009.

Substantial Gainful Activity

After the TWP is over, Social Security will determine if a person’s wages are considered by Social Security to amount to “substantial gainful activity” (SGA). If the gross monthly wages, minus reductions for work related expenses or work subsidies, are $1,000 per month or more, Social Security may determine that there is SGA. (The SGA amount for a person who meets the Social Security definition of blindness is $1,640 per month.) The SGA amount is calculated based upon when the work was performed, not when the wages were paid.

Obviously it is helpful if the SSDI recipient can keep countable earned income below the SGA limit in order to receive the SSDI benefit amount and the earned income. There are two work deductions that can apply: impairment related work expenses (IRWE) and work subsidies.

IRWE include goods or services the individual must purchase in order to work. These expenses cannot be reimbursed and must be paid out of pocket by the SSDI recipient after starting work. Examples of IRWE include purchasing durable medical equipment, transportation to and from work (but not public transportation) or medications required to work. A large out-of-pocket purchase can be amortized over a 12 month period. IRWE are reported as item #7 on the Social Security Administration Work Activity Report (SSA-821 BK).

(Video) New 2023 WORK RULES Disability Benefits.

The second deduction from gross wages to reduce countable wages for SGA purposes is supported or subsidized working conditions. In some cases a person requires special work conditions or support in order to work. If so, the value of this support can reduce the gross wages when computing her countable wages. Unlike IRWE, work subsidies are not paid out of pocket by the SSDI recipient.

Example:
Suppose that while Jennifer works for Kmart she requires 25% more supervision than her co-workers in order to perform her duties. If her gross wages are $1,200 per month, Social Security should reduce the value of her wages by 25% in calculating whether her countable wages show SGA, even though Jennifer does not pay for this support out of her pocket. With this work subsidy, Jennifer can continue to receive her SSDI check of $800 per month and her wages of $1,200 because her countable earnings will come below the SGA limit.

If Jennifer is paid the same as other stock clerks but she is 20% less productive because of her impairments, she could also request that her countable wages be determined by reducing her gross wages by 20%. Another example of a work subsidy is if Jennifer’s group home arranges to get her to and from her job. The home estimates the market value of this transportation is $200 per month. In that case Social Security should reduce the value of her wages by $200 even though she does not pay for the transportation herself. Work supports and subsidies are claimed as item #5 on the Work Activity Report SSA-821 BK.

The idea behind reducing the dollar value of Jennifer’s wages is that the SGA limits supposedly measure Jennifer’s true earning capacity – ability to earn – not what she actually earns. If she is getting extra help, requires special equipment to perform her job, or is allowed to be less productive, her true earning capacity is less than what she takes home.

Extended Period of Eligibility

So how does SGA affect a person’s eligibility to continue receiving his or her SSDI check? After the individual has accumulated 9 months of a TWP, he or she then has a 36- month period referred to as an “extended period of eligibility” (EPE). During the EPE, Social Security looks at whether earnings in any given month exceed the applicable SGA amount, after taking into account any gross wage reductions for IRWE or work subsidies. If adjusted net earnings exceed the applicable SGA amount, Social Security will make a determination of cessation of disability. The SSDI benefit amount will be terminated after the third month from the cessation of disability month. If wages drop below the SGA amount in any given month during the 36-month EPE, the SSDI benefit amount will be reinstated.

(Video) 4 Things Social Security Disability Recipients Should Not Do

Example: Again, let’s look at Jennifer. She completed her TWP in September of 2009. Beginning in October of 2009 through September of 2012 Jennifer has a 36 month EPE. In October of 2009 Jennifer’s adjusted earned income, after taking into account work subsidies and IRWE, comes to $1,100 per month. These wages are above the SGA amount so Social Security will give Jennifer a cessation of disability notice effective for October of 2009. Jennifer will still get her SSDI check for a three-month grace period (October, November and December), but her SSDI check of $800 per month will end after December of 2009. In June through August of 2011 Jennifer’s adjusted earned income dropped to $900 per month. Because her countable earnings are below the SGA amount for those months, Jennifer will receive her $800 SSDI check for June, July and August of 2011 because she is still in the EPE. If Jennifer’s countable earnings exceed $1,000 in September, 2011 and subsequent months, she will not get another 3 month grace period and her SSDI check of $800 will be terminated beginning in September. If Jennifer’s countable earnings again drop below $1,000 in subsequent months while she is in the EPE her SSDI benefit amount will be reinstated.

The importance of the EPE is that an individual can again receive the SSDI benefit amount in any month during the 36-month period when countable earnings fall below the SGA amount.

Expedited Reinstatement of Benefits

At the end of the EPE there is an additional five year period called “expedited reinstatement of benefits.” If the original impairment flairs up within five years of the end of the 36-month EPE, preventing the individual from earning SGA, Social Security can reinstate the SSDI benefits provisionally while a medical review is completed. If the medical review confirms the disability condition or blindness, then the provisional SSDI benefits will be made permanent. If the medical review concludes that there is not a medical disability, SSDI benefits will be immediately terminated but with no overpayment for benefits paid provisionally.

Conclusion

Between the TWP, the EPE and the five-year expedited reinstatement of benefits, there are safeguards to protect Title II beneficiaries who want to try to work. It is important for advocates to be sure that appropriate earnings reductions are requested if needed to bring wages below the SGA limit in order to preserve the SSDI benefit.

The next Voice article will discuss three additional work incentives for Title II beneficiaries: Ticket to Work Program, extended Medicare benefits and extended Medicaid benefits.

(Video) Why Would Social Security Terminate My Disability Benefits?

FAQs

What would cause me to lose my disability benefits? ›

Exceeding income or asset limits: By far the most common reason individuals lose their benefits is by having too much income. SSDI beneficiaries may lose their benefits if they experience an increase in income from any source that pushes them over the individual income or asset limit.

Can I lose my disability benefits if I work? ›

If you have a disability and work despite your disability, you may continue to receive payments until your earnings, added with any other income, exceed the SSI income limits. This limit is different in every state.

What can affect my disability benefits? ›

What are some of the reasons your monthly SSD payments might decrease?
  • Financial Circumstances and SSD Benefits. ...
  • Employment Income. ...
  • Other Disability Benefits. ...
  • Marital Status or Family Income. ...
  • Retirement Benefits.

How much can I earn without losing my disability benefits? ›

How Much Money Can You Make on Social Security Disability? You can make up to $1,470 (or $2,460 if you are blind) in 2023 on Social Security Disability or your benefits will stop, which is known as Substantial Gainful Activity (SGA).

How often does disability review your case? ›

If improvement is expected, your first review generally will be six to 18 months after the date you became disabled. If improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years.

What is the most hours you can work on disability? ›

Social Security typically allows up to 45 hours of work per month if you're self-employed and on SSDI. That comes out to around 10 hours per week. The SSA will also see whether or not you're the only person working for your business. You must not be earning SGA, along with not working too many hours.

How much can I earn in 2022 and still collect Social Security disability? ›

The SGA amount for persons with disabilities other than blindness is $1,350 per month in 2022. For persons who are blind, the amount of earnings that indicate SGA is $2,260 per month in 2022. Further information is available in the section How We Decide If You Are Disabled.

Will I lose my SSDI benefits if I'm working over the SGA limit? ›

If adjusted net earnings exceed the applicable SGA amount, Social Security will make a determination of cessation of disability. The SSDI benefit amount will be terminated after the third month from the cessation of disability month.

How many hours can you work without losing SSI benefits? ›

There is no limit on how many hours you can work on SSI, rather a limit on how much you can make in a month. For an individual in 2022, you need to be making less than $841 of countable income per month and have less than $2,000 in assets to qualify. For a couple, the limit is $3,000.

What are the disadvantages of being on disability? ›

Cons:
  • Disability insurance can be expensive. Coverage costs more the older you get or the more dangerous your job is. ...
  • Policies can come with exclusions that don't cover pre-existing conditions. ...
  • Waiting period. ...
  • If you never experience a disability, you won't receive benefits.

What is considered to be a permanent disability? ›

Permanent disability (PD) is any lasting disability from your work injury or illness that affects your ability to earn a living. If your injury or illness results in PD you are entitled to PD benefits, even if you are able to go back to work.

How do you survive on disability income? ›

Here are some tips for surviving on SSDI benefits.
  1. Benefits for Family Members. ...
  2. Supplemental Security Income. ...
  3. Earning Additional Income on SSDI. ...
  4. Ticket to Work Program. ...
  5. Food Stamps. ...
  6. Energy Assistance Programs. ...
  7. Clipping Grocery Coupons. ...
  8. Medication Assistance and Samples.

How much money can I have in the bank if I am on disability? ›

SSA limits the value of resources you own to no more than $2,000. The resource limit for a couple is only slightly more at $3,000. Resources are any assets that can be converted into cash, including bank accounts. However, some assets you own may not affect eligibility for the program.

How much can I earn while on Social Security disability in 2023? ›

Amounts for 2023

The monthly SGA amount for statutorily blind individuals for 2023 is $2460. For non-blind individuals, the monthly SGA amount for 2023 is $1470.

What happens if I don't report earnings to SSDI? ›

Once you are eligible and receiving benefit payments, you must report any income you received, or that you have returned to work. If you don't, it could result in an overpayment, penalties, and a false statement disqualification.

At what age do disability reviews stop? ›

For most cases, you'll stop being scheduled for CDRs after age 52, with some exceptions for cancers in remission or bone fractures.

How do you pass a disability review? ›

If you want to keep yours, here are some tips on how to pass a continuing disability review:
  1. Follow Your Treatment Protocol. ...
  2. Learn More About Your Condition. ...
  3. Answer the Short Form Honestly. ...
  4. Keep Copies of Your Medical Records. ...
  5. Inform the SSA of Any Change in Address.
Apr 22, 2020

Should I worry about a disability review? ›

As long as you are continuing to see your doctors and receive treatments, your condition has not improved and you are not working, there is virtually nothing to worry about. These reviews are typically only conducted every three or every seven years, depending on the severity of your condition.

How do I get the $16728 Social Security bonus? ›

How to get the $16,728 bonus in retirement?
  1. Work as long as you can: the later you retire the higher your benefit will be. Remember that 70 is the maximum age. ...
  2. Years worked: If you work less than 35 years you will have a reduction in your SSA check. ...
  3. High salary: with a high salary you will have a high retirement.
Sep 14, 2022

Can I earn money while on disability? ›

Payments will stop if you are engaged in what Social Security calls “substantial gainful activity.” SGA, as it's known, is defined in 2023 as earning more than $1,470 a month (or $2,460 if you are blind).

How many hours is part-time? ›

Part-time work means a person works a set number of hours each week, which can range from a few to around 30 hours.

What changes are coming to Social Security in 2023? ›

The most impactful change in 2023 is the 8.7% cost of living adjustment, or COLA, which takes effect this month. For instance, if you receive $2,000 a month from Social Security, the monthly payout will rise to $2,174 per month.

Does Social Security pay more if you are disabled? ›

The SSI benefits are paid out to low-income, low-asset adults and disabled children. If you're comparing these two types of Social Security benefits, then you should know that typically the SSDI benefits pay more.

What is the maximum Social Security Disability benefit per month? ›

The SSA uses these amounts in a formula to determine your primary insurance amount (PIA). This is the basic amount used to establish your benefit. SSDI payments range on average between $800 and $1,800 per month.

What happens if I exceed SGA? ›

If the earner receives more than the SGA in any one month, he or she will not receive a disability benefit check for that month. However, if the earnings drop below the SGA threshold again, disability benefits are paid for every month that the worker earns less than the SGA limit.

What happens if I go over SGA SSDI? ›

Once your earnings reach the SGA level in one month, a 3-month Grace Period begins. During that time, you will continue getting SSDI cash benefits regardless of your wages. After your Grace Period ends, however, your SSDI benefits will be zero in any month that you earn above the SGA limit.

What is trial work period while on disability? ›

What is a Trial Work Period? If you receive SSDI, your TWP allows you to test your ability to work for at least 9 months. During your TWP, you'll receive full SSDI benefit payments, no matter how much you earn — as long as you report your work activity and continue to meet Social Security's rules for disability.

How many hours a week can I work without losing my Social Security? ›

You'll be entitled to your full monthly Social Security benefit regardless of how many hours you work. Even if you decide to work full time or run a business, you'll get to keep your earnings and all of your Social Security payments.

How does Social Security know if you are working? ›

Employer Reports. For most jobs, Social Security earnings records are provided through information reported to the Internal Revenue Service each year. If your Social Security number has reported earnings from employers, Social Security will be able to access that information.

How can I lose my SSI benefits? ›

The Four Most Common Reasons Disability Benefits May Be Revoked in Los Angeles
  1. Court-Order Continuing Disability Reviews. ...
  2. Making Too Much Income. ...
  3. Retirement or Turning 18. ...
  4. Arrest and Imprisonment. ...
  5. Protect Your Disability Benefits by Working With a California Disability Lawyer.
Mar 14, 2017

Is disability always permanent? ›

As long as your condition does not improve, you will continue to receive Social Security Disability benefits until you reach retirement age, at which point your disability benefits will convert over to Social Security Retirement benefits.

Can a disability go away? ›

Generally, your disability benefits will continue as long as your medical condition has not improved and you can't work. Benefits won't necessarily continue indefinitely.

Is disability life long? ›

Most long-term disability plans provide coverage for 36 months, although some plans can provide coverage for up to 10 years or even for the life of the policyholder.

How long can you be on disability? ›

How long can I collect Disability Insurance benefits? You can collect up to 52 weeks of full Disability Insurance (DI) benefits, or the amount of wages in your base period, whichever is less.

Is depression considered a permanent disability? ›

Yes. Depression is a type of mental health disorder that can impact your mood, thoughts and feelings, weight, sleeping habits, energy level, and ability to function. If you have depression that interferes with your ability to work, then you may be eligible for Social Security disability benefits, like SSDI and SSI.

What makes a disability permanent and total? ›

Permanent and Total disability, or P&T, refers to veterans whose disabilities are total (rated 100 percent disabling by VA) and permanent (have zero or close to zero chance of improvement).

What are some examples of permanent disability? ›

Some examples of the most common injuries which are considered permanent disability include:
  • Post-traumatic stress disorder.
  • Amputation.
  • Cardiovascular or respiratory disease.
  • Hearing or vision loss.
  • Nerve damage.
  • Musculoskeletal disorders.
  • Carpal tunnel syndrome.

Does disability look at your bank account? ›

We'll need information about your income, your resources, your living arrangements, and your bank accounts. Keep the savings or checking account statements you get from your bank. You may need them when we review your case.

Can I have a savings account while on disability? ›

Yes. If you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) you can have a savings account. However, there could be limits on how much you can have in it, depending on which type of disability benefit you collect.

At what age does disability turn to Social Security? ›

At full retirement age — which is 66 and 4 months for those born in 1956, two months later for those born in 1957, and is gradually rising to 67 over the next several years — your SSDI payment converts to a retirement benefit. For most beneficiaries, the amount remains the same.

Will disability benefits increase in 2023? ›

The increase will begin with benefits that Social Security beneficiaries receive in January 2023. Increased SSI payments will begin on December 30, 2022. We mail COLA notices throughout the entire month of December. However, you may not need to wait for your mailed notice to learn your new benefit amount for 2023.

How much can I earn while on Social Security disability in 2022? ›

The SGA amount for persons with disabilities other than blindness is $1,350 per month in 2022. For persons who are blind, the amount of earnings that indicate SGA is $2,260 per month in 2022. Further information is available in the section How We Decide If You Are Disabled.

What can affect your SSDI benefits? ›

What are some of the reasons your monthly SSD payments might decrease?
  • Financial Circumstances and SSD Benefits. ...
  • Employment Income. ...
  • Other Disability Benefits. ...
  • Marital Status or Family Income. ...
  • Retirement Benefits.

Does SSDI have to be reported to IRS? ›

The IRS states that your SSDI benefits may become taxable when one-half of your benefits, plus all other income, exceeds an income threshold based on your tax filing status: Single, head of household, qualifying widow(er), and married filing separately (did not live with spouse) taxpayers: $25,000.

Why would Social Security disability benefits be suspended? ›

Benefit suspensions occur when a beneficiary is no longer eligible for SSI benefits. For example, the person has amassed over $2,000 in resources, their work earnings exceed SGA, they are hospitalized for longer than 30 days, or they become incarcerated.

Can Social Security disability benefits be stopped? ›

To voluntarily suspend your benefits, you will need to submit a signed statement to Social Security. A Benefits Counselor can help you with this process, or you can contact your Social Security Field Office directly.

Can you lose your Social Security Disability income? ›

If your health has improved to the point that you are able to work, the SSA may terminate your SSDI benefits. If you are concerned about the possibility of losing your benefits, consult with a California disability benefits attorney to discuss how to respond to a Continuing Disability Review questionnaire.

What are the three ways you can lose your Social Security? ›

Ways You Can Lose Your Social Security Benefits
  • You Forfeit up to 30% of Your Benefits by Claiming Early. ...
  • You'll Get Less if You Claim Early and Earn Too Much Money. ...
  • The SSA Suspends Payments if You Go to Jail or Prison. ...
  • You Can Lose Some of Your Benefits to Taxes. ...
  • You Can Lose SSDI in a Few Different Ways.
1 day ago

At what age does Social Security disability stop reviewing? ›

Social Security Disability can stay active for as long as you're disabled. If you receive benefits until age 65, your SSDI benefits will stop, and your retirement benefits will begin.

What are the cons of being on disability? ›

Cons:
  • Disability insurance can be expensive. Coverage costs more the older you get or the more dangerous your job is. ...
  • Policies can come with exclusions that don't cover pre-existing conditions. ...
  • Waiting period. ...
  • If you never experience a disability, you won't receive benefits.

Is Social Security Disability a lifetime benefit? ›

Generally, your disability benefits will continue as long as your medical condition has not improved and you can't work. Benefits won't necessarily continue indefinitely.

How much money can you have in the bank on Social Security disability? ›

To get SSI, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. We call this the resource limit. Countable resources are the things you own that count toward the resource limit. Many things you own do not count.

Can I have a savings account while on Social Security? ›

The good news is that you can have a bank account and be eligible to receive Social Security Disability benefits as long as you meet the other eligibility requirements. The Social Security Administration does not limit the number or value of resources or assets you may own.

Can Social Security look into your bank account? ›

(a) To be eligible for SSI payments you must give us permission to contact any financial institution and request any financial records that financial institution may have about you. You must give us this permission when you apply for SSI payments or when we ask for it at a later time.

Videos

1. Can you work if you receive SSI disability payments?
(U.S. Social Security Administration)
2. Will You Lose Your SSDI or SSI if You Get Married
(Social Security Disability videos)
3. This is how NEW disability rules keep you from getting SSA benefits.
(Social Security Disability Benefit Videos SSI SSDI)
4. How much can I earn without losing my Social Security Disability Insurance benefits?
(Social Security Disability Benefit Videos SSI SSDI)
5. 4 Things Social Security Disability Recipients Should Not Do In 2022
(The Disability Digest)
6. Signs You have Won Your Social Security Disability Hearing
(Social Security Disability videos)

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