New Rules Effective November 16, 2016 On
Social Security Disability & Returning to Work–
According to Social Security regulations, you cannot be engaged in “substantial gainful activity” and continue to receive Social Security Disability benefits. In 2016, “substantial gainful activity” is considered making more than $1,130 per month (or $1,820 if you’re blind).
There is, however, a “trial work period” allowed during which you can make more than the substantial gainful activity amount without losing your Social Security Disability.
Social Security allows recipients to test their ability to work – because they want to encourage people to try and become employed again. So you are allowed to make more than $1,130 per month (or $1,820 if you’re blind), for a nine-month trial work period.
After completion of a nine-month trial work period, the SSDI recipient can still receive Social Security Disability for any month where their income falls below the SGA level – up to an “extended period of eligibility” of 36 months.
Unsuccessful Work Attempt Regulations Improved
And, if you find you are unable to work after giving it the good old college try, you do not lose your Social Security Disabilty – as long as you are within the trial work period.
However, the SSA was previously quite a stickler about allowing people to claim that their work attempt was unsuccessful. This resulted in many people losing their benefits because they went back to work – even though they were unable to keep it up.
The good news is that the Social Security Administration is putting new rules into effect on November 16, 2016 that essentially “soften” their strictness on evaluating Unsuccessful Return to work Attempts. These rules remove some of the more restrictive additional conditions that were used to evaluate a work that lasted between 3 and 6 months.
Under the newly revised rules, work you have done will not be used to show that you are able to do substantial gainful activity if – after working for 6 months or less – your impairment forced you to stop working.
This is good news for Social Security Disability recipients who want to “test the waters” and try to get back into the workplace without losing their benefits of the work attempt is unsuccessful.
Our Los Angeles Social Security Lawyers Get Maximum Benefits
If you have been disabled and you live in Long Beach, Orange County, the Los Angeles area or anywhere in Southern California, we offer a free consultation with an experienced social security lawyer to help you understand your rights and obtain the maximum disability benefits.