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going back to work before 12 months...

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J

jaymac

Guest
What is the name of your state?Arizona
I had an on the job brain injury on 10/31/03. I applied for disability in November and received my first check in May. I am going back to work next week. I will make over SGA level...although I will be doing substantially less work than my peers. I will continue working with my Neurologist and Neuropsychologist. I am not completely healed...but my job will pay me to do less than normal.

Will SS stop my benefits when I return to work? Can I still be eligible for the trial work period even though I am returning to work less than 12 months from injury? Could I be asked to pay back anything?
 
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Whyte Noise

Senior Member
The honest answer to all your questions is...

Probably.

If you're able to work at the SGA level, you aren't disabled. Not disabled means no disability benefits.

This one I don't know an exact answer to. You could fall in the 9 month TWP, and after that if you're making SGA level, you could be terminated from benefits. It's a toss up.

If you receive benefits for months you don't deserve them, then yes.
 
J

jaymac

Guest
MissouriGal, Thanks for your input. I read two contradictory things about the TWP on SSA's own website, http://policy.ssa.gov/poms.nsf/lnx/0413010105

#1 When a beneficiary returns to work less than one year after onset it may indicate that the 12-month duration requirement for disability was not met and thus the individual' s disability claim must be denied.

#2 Work performed after the waiting period, and after the final determination date, is protected by the trial work provisions, regardless of whether the work occurs less than, or more than, 12 months after onset.

I'm confused :confused:
 
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