Working and Receiving Disability Benefits

Federal law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. According to the Social Security Administration (SSA), SGA is generally defined as work that generates a certain amount of income per month. In 2018, that amount is $1,180 for non-blind disabled applicants and $1,970 for blind applicants. An individual who generates more income than the SGA limits will likely be ineligible for Social Security Disability benefits. However, there are exceptions to this rule:

Trial Work Period

To be eligible for disability benefits, your injury must be expected to keep you from working for at least one year. After becoming disabled, it is often difficult to know whether you will be able to return to work. To help disability applicants determine whether they will be able to return to work, the SSA will allow disability applicants to engage in a work trial period for nine months. During this time, you can receive disability benefits in full, regardless of how much income you make.

According to 2018 standards, any month that you earn at least $850 counts as a trial month. Similarly, if you are self-employed, any month where you work more than 80 hours (or earn more than $850) is considered a trial work month. Your trial period will continue until you’ve worked nine months within a rolling 60-month timeframe. The trial months do not need to be consecutive. If you earn more than $850 for more than 9 months within a 5-year period, your disability will be deemed to have ended and your benefits will stop.

Extended Period of Eligibility

Once you have completed your trial work period, the SSA does provide resources in the event that you are still unable to consistently work. You can receive Social Security Disability benefits for any month where your earnings fall below the SGA amount, within a 36-month window following the completion of your trial period. This is referred to as an extended period of eligibility.

Following your trial work period, if your Social Security Disability payments stop because your income exceeds the SGA amount, you still have a five-year period in which you can receive benefits without filing a new disability application. This is known as expedited reinstatement and can save you significant time should your condition worsen—or if you become re-injured—in the future.

Offset your Earnings with Expenses

If you are consistently earning more than the SGA limit, it is very possible that you are ineligible for disability benefits. However, the SSA will deduct certain disability-related expenses, potentially allowing your overall income to fall below the SGA threshold. Depending on your unique situation, certain activities or expenses could be deducted to help your income remain below the SGA threshold.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

By: Joyce Trudeau of Premier Disability Services, LLC^®

Spousal Benefits when Married to a Disability Recipient

If your spouse receives Social Security Disability Insurance (SSDI), you may be entitled to Social Security spousal benefits under certain circumstances. You may be eligible for benefits if you meet one of these three requirements:

• You are at least 62 years of age (unless the total benefits you would receive from your earnings record is higher),
• you are caring for your spouse’s minor child (under the age of 16), or
• you are caring for your spouse’s disabled child (regardless of whether or not they are over the age of 16).

If you are eligible for spousal benefits, you and any dependent children may receive up to 50% of the total SSDI benefits your spouse receives. This means that the sum total of benefits you and your dependent children receive will equal no more than 50%—you and your dependent children do not each receive up to 50% of the total benefits earned by your spouse.

The Social Security Administration (SSA) will first pay you any benefits you have earned from your own earnings record. If the amount of benefits you would receive based on your spouse’s disability benefits is higher, however, the SSA will combine the benefits to ensure you receive the greater amount of benefits. It is important to note that, although you may be eligible for spousal benefits at the age of 62, your benefits will be permanently reduced if you apply for them prior to your full retirement age. This does not apply if you are caring for a dependent, however.

If you were previously married to an individual who received SSDI, you may still be entitled to spousal benefits. In order to be eligible, the following must apply to your situation.

• You must have been married for at least 10 years,
• you must be at least 62 years old,
• you must be unmarried (unless your new spouse is also eligible for SSDI benefits)
• and you cannot receive any benefits based on your personal earnings record in an amount greater than or equal to your former spouse’s.

Individuals who receive SSDI and have an ex-spouse who is eligible for spousal benefits should note that, should they remarry, any benefits their new spouse receives will not be impacted by the benefits their former spouse receives.

If you believe you are eligible for spousal benefits, you must contact the SSA. The SSA will require your birth certificate, Social Security number, marriage certificate and information about any previous marriages, if applicable.

From: Joyce Trudeau of Premier Disability Services, LLC^®

The Adult Disability Report (ADR)

After you apply for Social Security disability benefits, the Social Security Administration (SSA) will begin gathering information about your medical conditions and symptoms, and how these affect your ability to do different things, such as stand for any length of time, lift things of various weights, or work on tasks that require concentration. Their goal is to determine if there is any type of job that you would be able to perform on a regular basis.

To help make this determination, the SSA will review your medical records, and may ask your doctor to fill out a report, or send you out for an examination at the SSA’s expense. However, they are also interested in your input as to what symptoms you experience and how they affect your ability to work. Having you complete the Adult Disability Report (Form SSA-3368) is one of the ways they get this information from you. The ADR is the basic form used for adults who are claiming disability benefits. You should fill the form out yourself, and though you may have a representative such as a Social Security Disability attorney or advocate help you with it, you should not have your doctor fill out any of it. The SSA has other forms which they will ask your doctor to fill out on your behalf.

Much of the ADR is simple and straightforward. You should always answer all questions as completely as you can. Don’t leave anything blank. If any section does not apply to you, write N/A in it. While the form itself isn’t complicated, there are some things you should know about filling it out, especially if you do it yourself. Here are some tips for filling out this form:

• In Section 3 (MEDICAL CONDITIONS), make sure that you list each and every medical or mental problem that you have. Use additional paper if you need to. Explain how they limit your ability to work. Often, a person with several medical conditions will be approved for disability benefits even if none of the medical conditions would have qualified in and of itself.
• In Section 4 (WORK ACTIVITY), make sure that you accurately portray how your disability affected you on the job and what restrictions it placed on you. You don’t want to exaggerate, but you certainly don’t want to downplay the limitations your disability has caused either.
• In Section 6 (JOB HISTORY), it is important to list ALL jobs you have held over the past fifteen years, starting with the most recent and working your way back. Failure to disclose jobs you have held can result in legal trouble and a denial of your claim. Use a separate sheet of paper if you have had more than six jobs in the past fifteen years. In Section 6, you will be asked about the type of work you performed. While you should always be honest in filling this out, but it helps to consult a Social Security lawyer regarding how you should phrase your answers.
• In Section 7 (MEDICINES), make sure you list all of your medications, both prescription and over the counter, that you take. Don’t leave anything out, even if it’s just a pain reliever.
• In Section 8 (MEDICAL TREATMENT), you will want to list all medical and mental health professionals you are seeing or have seen. Fill the information out as accurately as you can. If you’re unsure of anything, contact your health care provider and ask.
• Section 11 is reserved for remarks. Don’t leave this blank. Make your case and add any additional information that may be pertinent to your disability claim.

Social Security disability claims involve lots of paperwork. Chances are, you will receive other reports to complete from the SSA. An experienced disability attorney or advocate is familiar with Social Security reports and can assist you in filling them out. They can ensure that you are properly answering each question, and can provide advice as to what types of comments might be helpful to add. The Social Security disability process is long and arduous, and it is best to do everything right from the start to increase the odds that your application will be approved and you won’t be forced to progress through multiple levels of appeals.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

By: Joyce Trudeau of Premier Disability Services, LLC^®