Ask Larry

What Date Is Used To Determine Whether Or Not I'm Eligible To Withdraw My Application For SSDI Benefits?

Hi Larry,

I am on SSDI and wish to file a SSA-521 Request for Withdrawal of Application to stop benefits (and go back to work). I understand I will have to repay all benefits received to date to get this approved. I am very confused as to which date Social Security uses for starting the 12 month clock for approving an SSA-521. My original application for SSDI was received by Social Security in August 2021. My first benefit payment was issued in Nov. 2021. I am not sure of my date of entitlement, as it is confusing to determine what Social Security means by that.

What date do I use to determine if I am in the 12 month window to cancel my original application for SSDI?

SSA says "you can cancel your application for up to 12 months after you became entitled to retirement benefits". What is the date SSA uses to determine that I became entitled to retirement benefits (in my case SSDI) to start the 12 month clock for canceling my original application? Do I have 12 months after SSA received my original application to cancel my original application? Or is it 12 months after I received the first benefit payment? Two online sites say "date of entitlement" is 5 months after the date I declared my intent to file for disability (for me August 2021 was when I declared my intent to file for disability, same day I sent in my online application). So do I have 12 months + 5 months after filing my original application for SSDI to cancel it? It's all very confusing. Thank you!

Hi. I'm really glad you asked this question. First of all, there is no time limit for withdrawing an application for Social Security disability (SSDI) benefits. You can withdraw a claim for SSDI benefits anytime before your death, as long as you're able to repay all of the benefits you've received. The 12 month limit on withdrawing a claim only applies to applications for Social Security retirement benefits. So, there is no need for you to act in haste.

More importantly, though, there is probably no good reason for you to ever withdraw your your application for SSDI benefits, and it would likely be financially disadvantageous for you to do so. If you return to work after becoming entitled to SSDI, you're eligible for a 9-month trial work period (TWP) during which you can still be paid SSDI benefits no matter how much you earn. And, if you're able to continue working after your TWP ends and if your earnings are above what Social Security considers to be substantial gainful activity (SGA) level, you still can be paid SSDI benefits for at least 3 months after the end of your TWP. The monthly SGA level for non-blind individuals in 2022 is $1350.

Therefore, by withdrawing your application you would be forfeiting not only all of the benefits you've received up to now, but also at least another 12 months of benefits that you could be entitled to after you start working. Instead of withdrawing your application, you should probably just be sure to notify Social Security if and when you return to work. They should then keep track of your TWP and take action to suspend your benefits after your TWP and 3-month grace period is over. For more information, refer to the following Social Security approved website: https://choosework.ssa.gov/blog/2021-03-11-what-you-need-to-know-about-t....

Best, Jerry

Posted: 
Oct 4 2022 - 1:23pm
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