Receiving SSDI and trying to work

[jasergretsch]

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

I have Cerebral Palsy and in 2007 I got approved for SSDI after only a one month wait and was given a 5-7 year time frame for continuation review.

My wife and I are splitting up and I want to try to work while still continuing my benefits because I'm going to need the money. My question is, how likely is it that if I work and stay under the SGA (about $900 or so per month) that my benefits would be canceled or that in the next few years after the continuation review that I may be denied?

I understand about the trial work period and what not I'm just concerned about long term.

 

[BL]

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

I have Cerebral Palsy and in 2007 I got approved for SSDI after only a one month wait and was given a 5-7 year time frame for continuation review.

My wife and I are splitting up and I want to try to work while still continuing my benefits because I'm going to need the money. My question is, how likely is it that if I work and stay under the SGA (about $900 or so per month) that my benefits would be canceled or that in the next few years after the continuation review that I may be denied?

I understand about the trial work period and what not I'm just concerned about long term.

How likely ?

It all depends on if your Dr's. and the Dr's. SSA sends you for review state that you are able to work at gainful employment after some time .

I say as long as you work under the SGA level ,and your Drs. are on board you can do no better in working at gainful employment you'd do fine .

However the Dr's. SSA sends you to may have a different set of views .

Reviews that come up every 5-7 years usually mean you have a substantial impairment(s) .

You wouldn't want to rock the boat long term at just under the SGA level IMO. though.

If you are splitting , you may qualify for SSI also which may be of some help .

 

[jasergretsch]

You wouldn't want to rock the boat long term at just under the SGA level IMO. though.

If you are splitting , you may qualify for SSI also which may be of some help .

What would be a safe amount under the SGA?

I called last month to ask about SSI and was told that I wouldn't qualify because I make too much money from SSDI. I get $1658 a month. I was surprised. I thought that once I could prove legal separation or that I was no longer benefiting from her income that I'd qualify for it.

In a bit of a tough spot because the apartments I find accessible are expensive and don't leave me much of anything left at the end of the month after utilities and living expenses, but I don't qualify for low income and/or the waiting list is too long. Section 8 in Massachusetts is 10 years.

 

[BL]

What would be a safe amount under the SGA?

I called last month to ask about SSI and was told that I wouldn't qualify because I make too much money from SSDI. I get $1658 a month. I was surprised. I thought that once I could prove legal separation or that I was no longer benefiting from her income that I'd qualify for it.

In a bit of a tough spot because the apartments I find accessible are expensive and don't leave me much of anything left at the end of the month after utilities and living expenses, but I don't qualify for low income and/or the waiting list is too long. Section 8 in Massachusetts is 10 years.

Seek out low cost housing based on income . Usually 30 % plus adjusted by different factor is they apply .They also may have a cap on what the rent amount is no matter what your earnings ,as long as you still qualify to live there.

They are also Gov. funded ,and must be made handycap assessable .The have to reasonably accommodate your needs too.

Yes $1658 SSDI is too high to qualify for SSI too .

What would a reasonable amount be to work under the SGA limit ?

Really , I have no idea .The Law states you can still qualify as long as you are under the SGA limit financially .

Perhaps get a feel from advocates in your area .

Email a few with the question(s) briefly and ask for a reply as a courtesy .

 

[jasergretsch]

Really , I have no idea .The Law states you can still qualify as long as you are under the SGA limit financially .

Perhaps get a feel from advocates in your area .

Email a few with the question(s) briefly and ask for a reply as a courtesy .

That's what I understood to be the case but a few reps I talked to at SS gave me the impression that even if I was under the limit I could still be in trouble. But I believe they just mean that only if I was showing a substantial ability to work. I'd be working less than 20 hours a week and would most likely have to have accommodations made for me to even do the job.

I'm not in dire straights I just want to work the little bit I can to give me some breathing room and of course to give me some purpose. 3 years of not working starts to get to you.

 

[Onderzoek]

If you are looking for a guarantee that everything will always be fine, I am not going to give that to you.

But, if you don't have medical improvement in your condition and you don't earn over the SGA amount, your SSDI benefits are not going to be ceased.

My suggestion; 20 hours a week at $10 an hour is $800 a month which is awfully close to the SGA amount. HOWEVER, you also can subtract your out of pocket expenses of what you call the accomodations as IRWE (impairment related work expenses). How about 10-15 hours a week to begin with (not sure how much you can make an hour). You can see how much your body can handle. Check out the Ticket to Work or a voc rehab plan. If, down the road, you are ceased for your work activity, there is the extended period of eligibility and the expidited reinstatement provisions as well. Find and make friends with the T2 Claims Rep(s) in your office that are in charge of work activity issues - there is probably only one or two.

 

[jasergretsch]

If you are looking for a guarantee that everything will always be fine, I am not going to give that to you.

But, if you don't have medical improvement in your condition and you don't earn over the SGA amount, your SSDI benefits are not going to be ceased.

My suggestion; 20 hours a week at $10 an hour is $800 a month which is awfully close to the SGA amount. HOWEVER, you also can subtract your out of pocket expenses of what you call the accomodations as IRWE (impairment related work expenses). How about 10-15 hours a week to begin with (not sure how much you can make an hour). You can see how much your body can handle. Check out the Ticket to Work or a voc rehab plan. If, down the road, you are ceased for your work activity, there is the extended period of eligibility and the expidited reinstatement provisions as well. Find and make friends with the T2 Claims Rep(s) in your office that are in charge of work activity issues - there is probably only one or two.

Thanks for the advice. It's frustrating that on one hand SS says that you can make under the SGA amount and still work, but there are grey areas about how much you can even make then and whether or not that will cease your benefits.

My condition isn't going to improve, and there is no guarantee I'm going to even be able to do whatever job I find forever. But it would still be nice to not have to worry about losing my benefits during whatever amount of time that I'm working.

I applied for a job yesterday and if I get it they should be able to work with me to make sure I stay under the SGA, about $700-$800 is what I'd like to try to do to play it safe. I probably wouldn't have any work expenses that go along with any accommodations though.

But I suppose with the 9 month TWP and the 36 month extended period, I shouldn't worry as long as I'm under SGA, and that amount of time is more than enough to figure out a plan I suppose.

 

[TheGeekess]

I have my senators investigating the issue, they have given me very positive feedback.

The expert at the Senators office was surprised that I was able to locate the legal shield 42 USC 1320b-19 (i):

(i) Suspension of Disability Reviews. During any period for which an individual is using, as defined by the Commissioner, a ticket to work and self-sufficiency issued under this section, the Commissioner (and any applicable State agency) may not initiate a continuing disability review or other review under section 221 of whether the individual is or is not under a disability or a review under title XVI similar to any such review under section 221.

And the SGA test is included in section 221 or under 42 USC. 421 (m) (2) (b):

(B) termination of benefits under this title in the event that the individual has earnings that exceed the level of earnings established by the Commissioner to represent substantial gainful activity.( http://ssa.gov/OP_Home/ssact/title02/0221.htm)

I find it interesting that the Social Security Website omits this law in its code pages. I feel it is in an attempt to prevent informing those with a Ticket To Work, I happen to be one of them from learning they are protected. I found the law initially by going to a law library and reading it in the USCA. I got it digitally by looking at this website:

http://codes.lp.findlaw.com/uscode/42/7/XI/A/1320b-19/

STOP NECROPOSTING.

 

[OHRoadwarrior]

STOP NECROPOSTING.

LOL I suspect OP has a full time job by now.