Working and Getting SSDI Benefits

Can I Work and Get Disability?

For many people who receive Social Security disability, working again is an important goal they long to achieve. Social Security is interested in helping those individuals who are able to work again to achieve their goal.

Substantial Gainful Employment

When it comes to working and Social Security disability, you must understand the key concept of substantial gainful activity as defined by the Social Security Administration. "Substantial Gainful Activity" is:

A maximum threshold dollar amount set by Social Security for how much money you can earn in a month and still qualify financially to receive benefits. This dollar amount is reset each year by Social Security.

For 2012, the Substantial Gainful Activity (SGA) amount for non-blind disabled individuals is $1,010 per month, and for blind individuals the amount is $1,690. If you are non-blind disabled you may earn up to $1,000 per month without jeopardizing your benefit eligibility, assuming of course that your disability does not improve.

The SGA amount is a net amount after any disability related expenses for work are deducted. As an example, if you need to pay for special transportation to and from work, you can deduct that amount from your earnings to calculate your SGA.

Social Security Disability and Working

Social Security disability benefits are only given to eligible individuals who have a total disability that markedly affects their ability to work; not all total disabilities are permanent, and sometimes your condition can improve to a point where you may be able to return to work. Many people who receive Social Security benefits have a strong desire to return to work to support themselves and their families, but they are understandably concerned about losing their benefits when trying to return to work.

Trial Work Period

If you wish to try to return to work, you should contact Social Security to let them know and arrange to have your trial work period begin.

• As long as your level of disability remains the same, you can receive your full disability benefits.
• There is no limit to the amount of money you can earn during the Trial Work Period.
• The trial work period can last for up to nine months in a consecutive five year period, but the nine months you work don't have to be consecutive with each other.
• You must report your trial work period activity to Social Security.

If you complete a successful nine months of trial work period and your disability benefits stop, you have a three year reinstatement period available to have your benefits started up again without having to file a new application. Your benefits can be reinstated only if you continue to have a disabling condition and your SGA drops below the then-current threshold.

Ticket to Work

The Ticket to Work program is another way that Social Security helps individuals return to the workforce after a disability. Sometimes Social Security disability beneficiaries who want to return to work are unable to return to the type of work they performed previously, and they are untrained for any other work. The Ticket to Work program was designed to help by providing (at no charge):

• Job training
• Vocational rehabilitation
• Job referrals
• Employment related support

The Ticket to Work program utilizes an ecosystem called an employment network to provide these services. The employment network is made up of private companies and state government agencies that have contracted with Social Security to provide these free services to people receiving Social Security disability.

• Participation is voluntary.
• You can contact Social Security if you are interested in returning to work but know that you will need vocational rehabilitation or other support services in order to do so.
• Services are provided to you free of charge.

The goal of the Ticket to Work program is to give you the skills you need to earn enough money to support yourself and your family. You will receive a list of different companies that will accept your Ticket to Work and provide you with these services. It is important that you take the time to talk with them, and investigate which company or agency best matches your employment goals. Social Security will actually mail you a Ticket which you will turn in to the company or agency that you decide to work with. Do not turn it in unless you are sure this is the company you want, as this Ticket is Social Security's authorization that it will pay for services on your behalf. The agency you select will create a plan to help you meet employment goals.

Social Security Disability Fraud

Social Security disability fraud is a serious offense, which can be perpetrated by individuals making false claims, dishonest health care or legal practitioners, and by companies that prey on needy individuals.

• The Social Security Office of Inspector General oversees a wide range of activities designed to prevent, detect, report and prosecute disability fraud.
• In the six month period of April through September 2010 there were over 640 criminal convictions relating to Social Security disability fraud.

If you think that you won't get caught:

• The Office of the Inspector General has 600 employees dedicated to stopping Social Security fraud.
• In just six months they were able to investigate more than 82,000 allegations of misconduct and fraud.
• Penalties can range from returning funds that should not have been paid to you, to very long prison sentences.

When to Get a Lawyer

A disability lawyer can help you through the sometimes complicated process of going back to work and continuing to receive Social Security disability. Contact an experienced attorney for more information, as Social Security rules and regulations frequently change.