Social Security defines disability as the inability to engage in substantial work activity for twelve months, the expectation not to be able to perform substantial work activity for twelve months, or the possibility of death due to a medically determinable mental or physical impairment. As you can see, Social Security considers work activity to be a major factor in determining your continued eligibility for Social Security disability benefits.
So will your Social Security disability stop if your try to work? The answer to this question is not a simple yes or no. If you try to work and you stay under the Social Security substantial gainful activity (SGA) monthly amount, your work activity will not stop your disability.
However even if your work is under the SGA amount it could still count as a trial work month. All individuals who are approved for disability are entitled to a nine month trial work period in which they are able to earn whatever they want for nine months without it affecting their ability to receive their monthly Social Security benefits.
These nine months of unlimited earnings do not have to be consecutive. In fact, these nine months can occur anytime in a five year period. However, if you are working in the tenth month above the SGA monthly amount, your benefits will be suspended and your period of extended period of eligibility begins.
The extended period of eligibility (EPE) is a 36-month period in which you can begin your disability benefits again if, for whatever reason, you are once again not earning at least the SGA amount. But if you do not stop work until after your 36 EPE months have ended, your Social Security benefits will be terminated and your case will most likely be sent to the state disability agency for a continuing disability review. If you are found to have medically improved your disability benefits will be terminated (and if in the future you find yourself disabled and unable to work, you will have to file a new disability claim.
However, if your disability was terminated strictly due to work activity and you were not found to have medically improved, you may be able to file an expedited reinstatement of your disability benefits should you have to stop working due to the same medical impairments you had in your prior disability claim.
An expedited reinstatement is merely a period in which you can receive six months of disability benefits while Social Security determines if you are still disabled by the guidelines and rules of Social Security disability.
If Social Security determines that you are not disabled, you will not receive any further disability benefits. If you still feel you are disabled you will have to file another disability claim and go through the disability process to be awarded benefits again. Conversely, if you are found to be disabled your expedited restatement will result in your receiving continued monthly benefits.
As you can see, "work" can be a very complex issue while on Social Security disability. If you are planning on returning to work, it may be wise for you to speak with a Social Security claims representative at a local social security office before you make or embark upon any decision.
