Can I Appeal a Denial During a Trial Work Period?

You can appeal a denial of SSDI benefits even if you have returned to work at the time of the denial and are within (or beyond) your trial work period. The trial work period rules kick in only after 12 months of disability, however, as explained below. (For the basics, see our section on the trial work period rules.)

Timing of Trial Work Period Protection

Once you have been disabled for one year after the onset of your disability (your EOD, or established onset date), any work you perform after that date is protected under the trial work period rules and extended period of eligibility rules.

EXAMPLE:  Richard becomes disabled and stops working on January 15, 2010.  He files an SSDI application claiming January 15, 2010 as his onset date. He returns to work with wages of $2,000 per month on February 1, 2011. He receives notification that his SSDI benefits are denied on April 3, 2011.  Richard may appeal his denial; if he is ultimately found to be disabled as of January 15, 2010, he will be granted SSDI benefits and his work will be protected under the trial work period rules.

However, if you return to work within 12 months of your onset date (and work at or over the SGA level, which is $1,010 per month in 2012), you become ineligible for benefits, and your appeal will be unsuccessful.

EXAMPLE: Dolores becomes disabled and stops working on January 15, 2010.  She files an SSDI application claiming January 15, 2010 as her onset date. She returns to work with wages of $2,000 per month on June 1, 2010. Her SSDI claim is denied on September 3, 2010.  Her claim will be denied if she appeals because she returned to work (over the SGA level) within 12 months after her disability onset date.

Terminal Illness Exception

Disability is defined as an impairment that can be expected to result in death OR that has lasted or is expected to last one year. While Social Security regulations state that you are not eligible for SSDI benefits if you work at the SGA level within 12 months after onset, the law doesn't specifically address this question for persons who qualify for SSDI benefits on the basis of terminal illness.  For these people, they can be found disabled without meeting the 12-month duration requirement, so they may be able to return to work within 12 months after the onset of disability under the trial work period rules.

If you have a terminal illness and you were denied benefits due to work activity, you should appeal the denial, and argue that you are entitled to benefits and the protection of the trial work period ruleseven if you returned to work at the SGA level within 12 months after your disability onset date. 

EXAMPLE: David becomes disabled due to ALS on January 15, 2010. He files an SSDI application claiming January 15, 2010 as his disability onset date. On April 15, 2010, he is employed at wages of $2,000 per month by an independent living center, where he is able to work with accommodations. His SSDI claim is denied on May 15, 2010. He should appeal and argue that he is entitled to benefits and the protection of the trial work period rules because he was disabled under the Social Security rules as of his onset date without needing to satisfy the 12-month duration requirement.