Monday, September 23, 2013

Can I Work and Collect Social Security Disability Insurance ("SSDI") or Supplemental Security Income ("SSI") Benefits?

Working and how it affects SSDI and/or SSI benefits is an extremely complicated matter. SSA affords people a limited opportunity to work, but people must pay close attention to the rules and regulations regarding work attempts, as the parameters are adjusted every year.

Currently, SSA does not consider an individual to be disabled if he/she can earn $1,040 per month. If an individual is blind, SSA will not consider the individual to be disabled if he/she can earn $1,740 per month. These figures reflect SSA’s current standards for 2013, but could likely change for 2014.

However, even if people are working under these above limits, they still could find themselves earning more than SSA allows. For instance, the maximum monthly rate that SSA pays in benefits for the SSI program in California for 2013 is $866.40. If an individual is blind, this amount is increased to a maximum rate of $921.40 in SSI benefits. These figures include the Federal rate of $710, as well as the State supplement of $156.40. Thus, if an individual receiving SSI is able to work and can achieve more than the 2013 SSI benefit rates, this individual may no longer qualify for the SSI program.

 On a different note, the SSDI program allows people to test their ability to work for a nine month period. It is called a Trial Work Period (“TWP”).  An individual is entitled to one TWP in his/her lifetime. A TWP allows an individual to attempt to work for a nine month period (does not have to be consecutive) over a 60-month rolling period. For 2013, any month that individual can earn $750 counts as a month that an individual performed services for the purpose of a TWP.  If an individual earns above $750 for over 9 months (even if it is not consecutive) in a rolling 60-month period, he/she would no longer be considered disabled. If the individual does not achieve nine months of earnings over the $750 level in a rolling 60-month period, he/she could still be considered to be under a disability.

 Regardless of whether you are a SSI or a SSDI recipient, an individual MUST notify SSA as soon as he/she returns to work. Failure to do so can amount to fraud and result in an overpayment. We suggest that you notify SSA by a certified letter, so you have physical proof that you are notifying SSA of a return to work. If you speak to a SSA employee about a work attempt, write down the name of the individual you spoke with and the employee’s phone extension in case you need to refer to it in the future.

 Additionally, if you have returned to work and know you should not be receiving benefits from SSA anymore, return any and all subsequent monthly checks to SSA. If you are registered for direct deposit and receive an improper deposit, do not spend the money and immediately notify SSA of their mistake. After all, SSA will eventually catch their error and ask you for the improper payments back.

 Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.