Ask Larry

Is My Understanding Of The Trial Work Period Correct?

I think you are partially wrong in this post.

https://maximizemysocialsecurity.com/how-long-it-i-can-start-new-trial-w...

Each month used in a twp gets subtracted after 60 months. So if I get benefits in 2015 and use 8 months in 2019, I don't get 9 more months in 2020. I get 8 new months plus the one I didn't use in 2024 or later.

At least this is my understanding. I'm a social security lawyer.

Hi,

My answer to the previous question that you cited is accurate, so I don't know your understanding is correct or not. The 60 month period during which a 9-month trial work period (TWP) can be completed continuously rolls over until the TWP is completed. For example, if a person's first month of disability entitlement is June 2014, then the first 60 month period during which their TWP could be completed would be June 2014 through May 2019. If 9 TWP months aren't completed in that period, then the next period to consider would be July 2014 through June 2019, and so on. Once a person completes 9 TWP months within a 60 month period, though, they don't get another TWP for as long as their entitlement to disability benefits continues.

In your example, if a person became entitled to disability benefits in January 2015 and completed their first 8 TWP months in 2019, they would only have 1 potential TWP month left in their TWP until sometime in 2024. For example, if the 8 TWP months completed in 2019 were the months May through December, then if that person completes another TWP month in April 2024, their TWP would be finished. The pertinent 60 month rolling period in that event would be May 2019 through April 2024 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0413010035).

Best, Jerry

Posted: 
Dec 17 2019 - 11:47am
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