What if I feel I may be able to return to work post disability entitlement?

I don't mean to discourage hard working people who find themselves disabled who still have the burning desire to work, from trying to re-enter the job market, but why would you take the chance when you have benefits at risk?

You worked hard and in most cases waited a long time to win benefits after being denied on at least two occasions, more if you had your case appealed into the Federal Court system before you were awarded benefits. You now get benefits so you can live. The benefits are stable and you can arrange your life around them. You also get medical benefits, which are very hard to replace in today's job market. Still, you worked your whole life. Work is ingrained into you. You don't feel comfortable living on government benefits. I have seen this in numerous clients.

For those people who want to try to re-enter the job market – For people who have been found disabled under Title II (DIB) there is something called a trial work period (twp). A twp is a limited period of time during which an individual can test his or her ability to work, retain earning in whatever amount and continue to receive full social security benefits.

A twp has limitations. A twp can last up to 9 months. The 9 months do not have to be consecutive. In 2012, 2013 any month in which earnings exceed $720 is considered a month of services for an individual's trial work period. So if work is performed at a level where you earn $750.00 or more per month (or if you work less than 80 hours per month in self-employment irrespective of the amount earned) the month will count as part of a twp. So if a disabled individual can work but at a level that produces only $300.00 or $600.00 per month, the month would not count toward a twp.

Even though the twp appears to be a program to ease people on disability benefits back into the work force, it has one strange hitch; during any twp the individual must continue to be medically disabled. If the individual has medically improved then the twp can be denied and benefits terminated.

What does this mean? Obviously, if you get a doctor's statement indicating medical improvement, that would work. What if you called the local social security office and said “I feel better, I want to try to work.” That could be a sufficient reason to deny benefits and the twp. If you are in this position of feeling like you can return to work, you must be very circumspect in how you describe your health situation to social security.

Maybe -- “I still hurt, but I have worked all my life and would like to try to get back into doing something. I know it will be difficult or impossible, but I would still like to try.”

What if you complete the twp, and you find a job; are you out of assistance to stay employed? There is something called and extended period of eligibility (epe). Epe is an additional period of time after the twp during which an individual can continue to try to work if the disability continues. During the epe, the individual can continue to receive benefits for any months in which he does not earn enough to qualify as performing work at the substantial gainful activity level. In more detail, if your countable gross income is at or below the SGA amount for any month, you are eligible for your full SSDI benefit amount for that month. However, in any month in which your countable gross income exceeds the SGA amount ($1,040 in 2013), you are not entitled to benefits for that month.¹ Substantial gainful activity is express in a dollar amount. The amount has been changed time to time, i.e. 1989 it was $300 per month, 1999 around $700 per month, 2013 around $1040 etc.

There is an end to the epe period. One termination (as with twp) event is no longer being medically impaired; another is the end of the 36^th month after the end of the twp, which ever is shorter.

There is also a tremendous benefit of the possible receipt of 39 months of medicare benefits after the end of the twp. With the cost of medical care, this is a benefit worthy of note.

I end this with a caution to disabled individuals who are interested in re-entering the job market. You worked so hard to be found disabled, in a system that many times disbelieves an applicant. You have been awarded benefits that are hard to replace. If you do try to re-enter the job market, let's say you complete a twp and now start epe. You are out there struggling to work, but doing it – it really looks tempting to a reviewer who sees the paper record of you being out in the market for a year or more, to find you are no longer disabled. This is especially a concern when your disability is not based on a listed disability. If you want more detail, you can look at §§ 404.1592a

Disclaimer: Blogs posted herein are intended neither as legal advice, nor do they create nor attempt to create an attorney-client relationship. The person viewing my blogs is admonished that an attorney-client relationship may only be created with the express consent to the parties to it.

1However, there is a one-time exception to this rule known as the "grace period." You are eligible for benefits for the first month and the following two consecutive months during your EPE in which you work above the SGA amount.