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The Trial Work Period Before Being found Disabled

Posted February 18, 2024 by Premier Disability Services, LLC®

In the process of your case for disability, you may think that your impairments have improved. You may feel like you can go back to work, but you are scared to do so. After all, your case for Social Security benefits has lasted this long and you don’t want to go through it all again, so you may find it risky to return to work at all.

            The good news is that the Social Security Administration has a rule that allows you to test your ability to return to work.[1] A “Trial Work Period” is a time in which you can test your ability to work and still be found disabled.[2] This test can happen before you get benefits or after you receive benefits.

            There are some limitations with attempting to go back to work. The first is that you cannot work for more than 9 months in a 5-year period.[3] The months that you do not work do not have to be consecutive, so you could work for 3 months, 4, months, then 2 months and the work would still be considered a “Trial Work Period”.

Another requirement is that you cannot test your ability to perform work within 1 year of the day you became disabled, or your “Alleged Onset Date”.[4] The reason for this requirement is that the Social Security Administration wants to make sure that your impairments really did last for a full 12 months, as injuries that can heal that quickly are not considered when determining disability. Lastly, you must be eligible to receive ongoing benefits before returning to work.[5] This requirement means that there is enough medical evidence in the file to prove that you were disabled prior to returning to work. We at Premier Disability Services, LLC will work diligently to make sure this requirement is met, from requesting medical records to writing letters to judges to point out why the medical records show you are disabled. So contact us today if you are interested in having us represent you in your claim for Social Security Disa


[1] 20 CFR § 404.1592

[2] 20 CFR § 404.1592(a)

[3] 20 CFR § 404.1592(e)(2)

[4] 20 CFR § 404.1592(d)(2)(iii)

[5] 20 CFR § 404.1592(d)(2)(i)

Working While Filing For Disability

Posted January 4, 2024 by Premier Disability Services, LLC®

The wait for receiving Social Security disability benefits can be a long, exhausting wait. From filing the initial application to possibly waiting for a hearing, an appeal, or a federal claim, the process can take up to several years before you could see your benefits. In that time, it may be hard to make ends meet and you may feel that you need to tough out your impairments to go back to work. The good news is that there are several ways that you can go back to work and possibly still be found disabled.

            The first is the “Trial Work Period”. We discuss that ability in detail in another article, so feel free to read that one as well. In summary, so long as you go back to work at least 12 months after your initial date you were disabled and you don’t work for more than 9 months in total, it should not affect your ability to receive benefits.[1]

            The second is the “Unsuccessful Work Attempt”. If you go back to work at any time, it could be an unsuccessful work attempt because you couldn’t continue working for a long time due to your impairment.[2] There are other requirements, so please give us at Premier Disability Services, LLC a call to find out what the other factors are.

            The third is the “Sheltered Work Environment”. If you go back to work, your employer may be allowing you to work for them despite your disabilities.[3] There are several factors that the Social Security Administration will consider when figuring out if this rule would apply. Overall, the goal is to find that you are being paid more money than the actual value of the work that you provide. To find out if any of the factors apply today, call our office and we can help walk  you through it!

            Overall, the Social Security Administration has several rules and procedures that allow you to try to return to work or return to work with special conditions. The experts in our company are very familiar with these rules and are willing to help you navigate these complicated rules as your representative before the Social Security Administration.


[1] 20 CFR § 404.1592

[2] 20 CFR § 404.1574(c)

[3] 20 CFR 404.1573(c)

Admitting You Are Unable to Work

Posted November 10, 2023 by Premier Disability Services, LLC®

We at Premier Disability Services, LLC work to secure disability benefits for our claimants. The Social Security Administration lists their definition of disability as being unable to engage in what they refer to as “Substantial Gainful Activity”, or SGA, due to medical issues that will last at least 12 months.[1] The Social Security Administration defines “Substantial Gainful Activity” as work intended to be performed for profit or pay.[2]

When you file a claim for disability, you are essentially admitting that you can no longer work. That’s a hard thing to admit. Whether you are the primary caretaker of your family or you work in order to afford a few extra luxuries, coming to terms with being unable to work is a heavy burden. It may be that a lot of your purpose is in your work. You may be very proud of the people that your work has helped. It can be tough to accept that your work is in the past.

Even if you were to try and go back to work, your body may not allow you to work for more than a few months before you start to fall apart. Your boss may realize that you’re a liability or you’re not as efficient as another new hire due to your impairments and may let you go. Being cast aside like that can make anyone upset and frustrated.

We at Premier want you to know that we understand just how rough of a time it may be for you to admit that you can no longer work like you used to. Without the ability to work, it might be hard to pay for expenses like food, housing, debt, and others. That is why we work hard every day to deal with Social Security so that you can get your benefits as soon as possible. Give us a call today so that we can help you get benefits that you need from the Social Security Administration.

By: Adam Sundling of Premier Disability Services, LLC®


[1] See https://www.ssa.gov/redbook/eng/definedisability.htm?tl=0

[2] Id.