Ask Larry

Will My Husband Lose His SSDI Due To His Earnings?

I would like to ask about SSDI. My husband is legally blind and receiving SSDI. His TWP has ended long time ago. He started working last Jan 2019 and the is below the SGA but on Sept, Oct 2020 and March 2021 he is earning more than the SGA. Will he lose his SSDI and overpay it? The SSA is asking him to provide paystubs.

Hi. Social Security normally bases their decision on whether or not a person's earnings are substantial gainful activity (SGA) on average monthly earnings. So, the fact that your husband exceeded the monthly SGA level in a couple months likely won't cause his benefits to stop as long as his average monthly earnings were below the SGA limit.

About the only exception to using average monthly earnings to decide SGA issues is if a person is in their extended period of eligibility (EPE). If your husband's benefits weren't previously stopped do to SGA and then reinstated when his earnings dropped, then he's probably not in an EPE.

If your husband's earnings were above SGA in the months you mentioned because he received 3 paychecks in those months, then he may not have even exceeded SGA in those months. Social Security counts the amount earned in a month for SGA evaluations, not the amount paid. That's probably why they want to see your husband's pay slips.

Best, Jerry

Jun 9 2021 - 9:17am
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