Ask Larry

Is It True That I'll Lose My SSDI If I Earn $1 More Than The Current Limit Of $1220?

I had a complete TWP of 9 months. I stopped working due to disability and my SSDI was reinstated. That was 10 years ago.

Is it true that if I earn $1 over the current rate of $1220 that I will lose my SSDI? Thank you in advance.

Hi,

Based solely on your description of events, it sounds like you probably would lose your Social Security disability (SSDI) benefit if you earn more than the substantial gainful activity (SGA) limit in even a single month. The monthly SGA limit in 2019 is $1220.

After your trial work period (TWP) is completed, Social Security decides whether or not your subsequent work is SGA. If they decide that it is, your period of disability is determined to have ceased and your SSDI benefits are then suspended as long as your SGA continues. However, SSDI benefits can then be reinstated if the person stops doing SGA within 3 years after they completed their TWP. That 3 year period is called an extended period of eligibility (EPE), and it can continue indefinitely as long as the person does not perform any SGA level work. After the first 3 years of the EPE is over, though, SSDI benefits are terminated if the person earns more than the SGA limit in any month.

Therefore, assuming that your period of disability was judged in the past to have ceased due to SGA and you are now receiving benefits as a continuance of your EPE, earning even $1 more than the SGA limit in a month would likely result in termination of your SSDI benefits.

Best, Jerry

Posted: 
Feb 5 2019 - 10:55am
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