By Tim Moore on June 7, 2010 8:08 AM
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For most individuals who are applying for disability or actively receiving disability benefits, the number of hours worked is not so much an issue. Yes, the social security administration, in applying its
definition of disability, does examine an individual's ability to work, but it does this by considering whether or not a person can work and earn at least a certain amount each month (SGA).
Hours by themselves only count against
disability eligibility if the person in question is either self-employed or is a corporation head. Why? Because a self-employed person or corporation owner can potentially work hours while receiving no pay (perhaps because they are reinvesting money in their business or perhaps because they have not made a profit yet).
Self-employed individuals may currently work up to eighty-five hours per month and be eligible for disability benefits. Of course, net earnings do count toward the SGA monthly earnings limit.
SGA stands for substantial gainful activity and it is simply a monthly earnings amount that Social Security uses to determine if an individualâs work is self-supporting. Each year, Social Security establishes the monthly earnings amount that it considers to be self-supporting and that becomes the SGA monthly earnings limit.
If an individual is not self employed but working for an employer, the hours they work are not necessarily a problem as long as they are not earning over the SGA monthly earnings limit.
If you are
receiving disability benefits, your monthly disability benefit will be affected by the performance of SGA (i.e. working and earning at least the SGA amount) and will initially cause you to use your nine trial work months. Trial work months are months for which you are allowed to make any level of earnings and still remain eligible to receive your monthly disability check.
It is important to remember that a trial work month can occur anytime in a sixty-month period and they do not have to be consecutive. Once you use up your trial work months (you have nine of them), you enter an extended period of eligibility (EPE) that lasts for thirty-six months. You will not be eligible for your disability benefits during any month in which you earn over the SGA monthly earnings amount during the EPE.
Recap: A) If you happen to be working over the SGA limit in the tenth month following your trial work months, your disability benefit will be suspended until you cease to engage in SGA-level work activity. B) Once your EPE is finished, any month in which you perform SGA will terminate your disability entitlement.
If you are considering work activity, you should contact your local Social Security office so that a claims representative can explain work activity issues to you so that you
do not cause your disability benefits to be suspended or terminated.
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