
When you are receiving Social Security disability benefits you may still attempt to work during a trial work period. When you earn more than $720 monthly in wages for a period of 9 months you are considered to be in a trial work period. A New York disability lawyer can help you monitor your working period and earnings to see how it will affect your Social Security disability benefits and program eligibility.
What determines a trial work period?
The amount you earn, duration of your employment, and hours you work all go into determining when you attempt a trial work period. In 2010, when you earn $720 a month in wages or if you are self-employed and you spend more than 80 hours monthly working as an employee, that is considered to be a trial work period month.
You are determined to have been in a trial work period until you have worked 9 months within a 60-month period. These months do not have to be consecutive, nor does the employment have to be at the same job.
What happens after a trial work period?
While attempting a trial work period you will continue to receive your Social Security disability benefits without interruption. If you successfully complete 9 months of trial work period employment you will have a 36-month extended period of eligibility for your Social Security disability benefits. This eligibility is allowed for any month during which you do not earn $1,000 or more.
The $1,000 limit is considered "substantial" earnings-or substantial gainful activity-and when your wages surpass this limit your benefits may be terminated. Individuals whose Social Security disability benefits ended due to substantial gainful activity will receive expedited reinstatement of their benefits should their disability suddenly cause them to be unable to work again within 5 years of the trial work period.
Other Considerations for Social Security Disability Benefits
If you successfully complete a trial work period and your Social Security disability benefits stop, you are still covered by Medicare Part A for at least 93 months after your 9-month trial work period. Some work-related expenses that are necessary to your job performance may also be deducted from your monthly earnings before determining your benefit eligibility.
If you lose your job during the 9-month trial work period, it will not affect your Social Security disability benefits. If job loss occurs during the 36-month extended eligibility period, your benefits will be reinstated using expedited processing. Your Social Security benefits are still contingent on the fact that you are still disabled.
Contacting a New York Disability Lawyer
You should discuss your Social Security disability benefits with an experienced New York disability lawyer before you make the decision to attempt a trial work period. Your New York disability lawyer can assess your disability, potential work attempts, and benefit coverage to determine the best options for your needs.
Before you file your Social Security disability claim, be sure to take advantage of this free consumer's guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact a Bronx disability lawyer at Decker, Decker, Dito & Internicola for help in building your disability claim - 1-800-976-4904.
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