Ask Larry

Will I Be Able To Get Back On Disability If I Find Out That I Can't Work?

I am 55 and I have been receiving Social Security Disability since 2013. I recently had carpal tunnel surgery and weight loss surgery and I'm at a point where I would like to try to go back to work but my disability benefits are only $485 a month after medicare payment. I'm assuming I will lose that amount which if I go back to work isn't a big deal but will I be able to get my disability when I am older or if I find out that I can't work still.

Hi,

The full answer to your question is somewhat involved. If this would be the first work you've done since starting on Social Security disability benefits (SSDI), you would first have a 9 month trial work period (TWP) during which you would still be paid your SSDI regardless of how much you earn. After that, if you earn more than the 'substantial gainful activity' (SGA) guideline, which is currently $1180 per month, your benefits would likely be suspended after a 3 month grace period that follows the TWP.

Thus, you would probably be paid SSDI for at least the first 12 months after returning to work. Thereafter, your benefits would be suspended if you earn too much, but could be reinstated if your work stops or your earnings drop to below SGA level anytime within a 3 year period following the end of your TWP. This 3 year period is referred to as an extended period of eligibility (EPE). If you then perform above SGA level work after the end of the EPE your SSDI benefits would be terminated, after which you would have to re-apply for SSDI in order to establish a new period of entitlement. For more information about working while receiving SSDI benefits, refer to the following Social Security publication: https://www.ssa.gov/pubs/EN-05-10095.pdf.

If your SSDI does terminate you could qualify for regular Social Security retirement benefits as early as age 62, however, if you started drawing retirement benefits before your full retirement age of 67 your benefit rate would be reduced for age.

Best, Jerry

Posted: 
Sep 29 2018 - 5:25am
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