Ask Larry

Will I Lose My Disability Benefits If I Continue Working?

58 yrs old on SSDI & on The Ticket to Work Program. Once I meet 9 month of making over the allocated amt. I can work 36 months making as much money I can. Also receive Widows SSDI. I have also sold my home making about $43,000.00 In addition to this I am purchasing my parents 2 family which I will live in one apartment. I did get an inherentertance 0f about $65,000.00 which came off the sale of the two family. I know I will have to count one rent as income, not sure how this affects me over the 36 months where I can make as much money, monthly as I can. I also work part tme 12 to 16 hrs weekly $12.59 per hour. This is where I'm at. Unsure if Im doing things right & if I can do more or less. Should I get off Ticket to Work? Should I stop working? Part of my problem is i dont ask to many question to Social Security "don't want to open a can of worms". I have bills to pay off and want to do some work on the 2 family with the $43,000. Another ? can I lose my widows SSDI with any of this?

Hi,

First of all, after your 9-month trial work period (TWP) is completed you CANNOT make as much money as your can and continue to draw benefits for 36 months. If your average monthly earnings exceed the substantial gainful activity (SGA) limit ($1220 per month in 2019) after your TWP is completed, your period of disability will be determined to have ceased and your benefits will be suspended for as long as your above SGA level earnings continue. The same rule applies for both Social Security disability (SSDI) benefits and disabled widow's benefits (DWB).

The 36 month period that follows the TWP is called an extended period of eligibility (EPE). During the EPE, a person can be paid their SSDI and/or DWB benefits for any months in which their earnings DO NOT exceed the SGA limit. Basically, the EPE is intended to give disabled individuals an opportunity to try working at above SGA level without permanently losing their benefits. If they have to stop work or reduce their earnings to below SGA within 3 years after the end of their TWP, their disability benefits can be reinstated. The reinstated benefits would then continue indefinitely for as long as the person doesn't earn more than the SGA limit. However, if the person then earns above the SGA limit in any month occurring more than 36 months after the end of their TWP, their disability benefits would terminate. No further benefits could then be paid unless and until the person reapplies for benefits and establishes a new period of entitlement.

The good news I can give you is that your rental income will not count as earnings for purposes of either the TWP or SGA. The definition of earned income is limited to gross wages and/or net self employment earnings. Working 16 hours per week at $12.59 per hour would amount to less than the 2019 TWP amount of $880 in most months, and would be well below the 2019 SGA limit of $1220. So, if that's the only earned income you have it shouldn't cause you to lose either your SSDI or your DWB benefits. Refer to the following Social Security publication for more information: https://www.ssa.gov/pubs/EN-05-10095.pdf.

Best, Jerry

Posted: 
Mar 2 2019 - 10:08am
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