Friday, August 10, 2012

Working and Social Security Disability Benefits


The Social Security Administration has policies at various stages of the disability process to encourage people to work.  If you are applying for benefits and you have an unsuccessful work attempt, meaning you tried to go back to work but were unable to do it and worked less than 6 months, you have a “failed work attempt”.  Once you have benefits, you can have “a trial work period” for 9 months.  If you are successful in completing the trial work period, your benefits will be terminated.

There are a variety of other programs such as the “Ticket to Work” Program.  The problem with many of these programs is that they are misleading to people.  It has been particularly dangerous in the past to show earnings after disability benefits have been awarded simply because the government will often use the payment of benefits, even though it is far below substantial gainful activity, to audit and review ongoing Social Security cases. 

I’ve had many discussions with my clients who thought they could work a “little bit” I have discouraged it.  I have indicated to them that if they think they can work reasonably full-time then they should go for it, but to work “a little bit” unfortunately often triggers case review since all income is reported to the IRS is also made available to the Social Security Administration.  I had one client who had her benefits reviewed because she was making $150.00 per month as a member of the County Board. 

I would advise you talk to your attorney before you decide to follow the advice on some Social Security brochure or from some well-meaning relative or friend concerning “working”.

If you have questions or would like a free consultation, do not hesitate to call Drummond Law, LLC. at 1-800-842-0426.