Do leave hours paid out as a lump sum count as income under SSDI requirements?

[joea64]

What is the name of your state (only U.S. law)? Virginia

Since becoming eligible for SSDI at the beginning of 2011, and particularly since my trial period has ended, I have been carefully monitoring my part-time work income per month to make sure that it does not exceed the $1,010 threshold for "substantial gainful activity" as prescribed for 2012.

I have just received my latest paycheck (dated November 7 for the 10/15-10/31 period) and, since I am a part-time (or "occasional") employee, my employer has paid out the leave hours that I accumulated since my last anniversary date as a lump sum. I understand from what I have been able to find so far online that vacation pay does not count as income under SSDI requirements - only income that you actually earn from work. I think therefore that the lump-sum payment I got for my leave/vacation hours is OK, but I am not sure and I need to make sure ASAP because I am scheduled to work some hours for this month and I might have to change my schedule if this payment does count as income.

Also, is monthly income for SSDI purposes calculated based on when it is earned, or when it is received in your paycheck? The online sources I've consulted so far are somewhat unclear on that, and it might help me determine if I need to change my work schedule for this month to stay within the SGA threshold.

 

[OHRoadwarrior]

It appears you are actively attempting to abuse the SSDI system. Hopefully, when they review your case, they will determine your underemployment is willful and you are intentionally staying underemployed.

 

[joea64]

It appears you are actively attempting to abuse the SSDI system. Hopefully, when they review your case, they will determine your underemployment is willful and you are intentionally staying underemployed.

I must respectfully take exception to that statement. I have been certified as disabled under SSDI requirements since August of 2010 due to a severe hearing disability and have been underemployed (and for some periods of time outright unemployed) since that time. I filed for SSDI on the advice of my local social services office when they reviewed my case, submitted to examination by a doctor certified by my state's Disability Determination Services office, and underwent the usual period of review and waiting before I was certified to be eligible for SSDI. When I received notification in January of this year that I was eligible for SSDI, I specifically discussed the question of part-time work with the local SSA office. They informed me that as long as I stayed under the SGA threshold, I was all right. I advised my employer that I had been determined to be disabled and eligible for SSDI and my working hours have been scheduled accordingly since then. I assure you that I have not willfully attempted to abuse or misuse the SSDI system and that I asked my question in a good-faith attempt to stay in compliance with SSDI requirements.

 

[OHRoadwarrior]

I must respectfully take exception to that statement. I have been certified as disabled under SSDI requirements since August of 2010 due to a severe hearing disability and have been underemployed (and for some periods of time outright unemployed) since that time. I filed for SSDI on the advice of my local social services office when they reviewed my case, submitted to examination by a doctor certified by my state's Disability Determination Services office, and underwent the usual period of review and waiting before I was certified to be eligible for SSDI. When I received notification in January of this year that I was eligible for SSDI, I specifically discussed the question of part-time work with the local SSA office. They informed me that as long as I stayed under the SGA threshold, I was all right. I advised my employer that I had been determined to be disabled and eligible for SSDI and my working hours have been scheduled accordingly since then. I assure you that I have not willfully attempted to abuse or misuse the SSDI system and that I asked my question in a good-faith attempt to stay in compliance with SSDI requirements.

Protest all you want. The Purpose of SSDI is to assist people not capable of earning beyond a basic threshold. You are capable of doing so and admit to intentionally curbing you ability to work, to keep collecting.

I have been carefully monitoring my part-time work income per month to make sure that it does not exceed the $1,010 threshold for "substantial gainful activity" as prescribed for 2012.

 

[sandyclaus]

I'm with OHR. The additional hours are available to you, but when offered, you simply say "No, I can't work anymore this week/month, because if I do, I'll exceed the SGI, and I'll be disqualified for SSDI."

You are INTENTIONALLY watching the hours you work so that you stay just under the SGI limitations. You are CHOOSING to work less, just so that you can continue to receive SSDI benefits. The whole point to SSDI benefits is to provide income for those disabled persons who are UNABLE to earn enough through working to support themselves. Just like unemployment benefits, they aren't intended to pay out when you CHOOSE to be underemployed.

In addition, I think it's important to ask the question - in this day and age (and economy), how many PART-TIME positions actually allow you to accrue vacation hours???

 

[csi7]

I must respectfully disagree with the senior members.

I am on social security disability and NOT able to work gainfully due to the flexible levels of my hearing clarity which means that I can go from being able to hear in a close range to minimal which is dangerous to my self and others. I was offered a part-time position with the employer with vacation time included, which is a benefit this particular company offers everyone.

The point of this individual asking this question is because this method of vacation hours was not part of the process when setting up part-time benefits. The poster is NOT attempting to skirt the system. I have asked this question and not found answer, just opinions.

Best wishes on finding the answer!

 

[Zigner]

I must respectfully disagree with the senior members.

I am on social security disability and NOT able to work gainfully due to the flexible levels of my hearing clarity which means that I can go from being able to hear in a close range to minimal which is dangerous to my self and others. I was offered a part-time position with the employer with vacation time included, which is a benefit this particular company offers everyone.

The point of this individual asking this question is because this method of vacation hours was not part of the process when setting up part-time benefits. The poster is NOT attempting to skirt the system. I have asked this question and not found answer, just opinions.

Best wishes on finding the answer!

Your situation is different. Your disability prevents you from working sometimes when work is available. The OP chooses not to work when work is available in order to stay under the income limit and not because his disability is preventing him from working.

 

[LdiJ]

Your situation is different. Your disability prevents you from working sometimes when work is available. The OP chooses not to work when work is available in order to stay under the income limit and not because his disability is preventing him from working.

I look at this differently than you do. Because it is so difficult to get on SSDI and because it depends on SS earnings credits, I mentally equate that to be something more similar to someone retiring and collecting social security retirement benefits at 62, but continuing to work part time. If we were talking about SSI I might be more inclined to see it the way that you do.

I am sure that if OP could fully work instead of collecting SSDI that OP would rather fully work. However, if OP cannot fully work then working some extra part time and losing her SSDI as a result would not be wise.

 

[OHRoadwarrior]

I look at this differently than you do. Because it is so difficult to get on SSDI and because it depends on SS earnings credits, I mentally equate that to be something more similar to someone retiring and collecting social security retirement benefits at 62, but continuing to work part time. If we were talking about SSI I might be more inclined to see it the way that you do.

I am sure that if OP could fully work instead of collecting SSDI that OP would rather fully work. However, if OP cannot fully work then working some extra part time and losing her SSDI as a result would not be wise.

I'm sure you can interpret whatever errors you wish into the facts OP stated. That does not change them. BTW, see the other SS thread you just contradicted me on. I suggested there you call SS and advise them you know their rules better than they do.

 

[TheGeekess]

I look at this differently than you do. Because it is so difficult to get on SSDI and because it depends on SS earnings credits, I mentally equate that to be something more similar to someone retiring and collecting social security retirement benefits at 62, but continuing to work part time. If we were talking about SSI I might be more inclined to see it the way that you do.

I am sure that if OP could fully work instead of collecting SSDI that OP would rather fully work. However, if OP cannot fully work then working some extra part time and losing her SSDI as a result would not be wise.

SSDI comes from the money one has paid into the system.

SSI is just welfare by any other name.

 

[csi7]

I'm still wondering how to figure out whether I could attempt to work part-time with vacation benefits, and no one has been able to answer this question.