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Can You Work After Waiting a Year for Social Security Disability Decision After Trial Work Period

Can You Work After Waiting a Year for Social Security Disability Decision After Trial Work Period

Even if you've returned to work, you may be able to appeal a refused Social Security Disability claim.

Applicants for Social Security disability insurance (SSDI) who have waited a long period for a decision on their applications may experience financial pressure to return to work. In some cases, because of the trial work term, you may be allowed to try to return to work without losing your chance at benefits.

If your job activity results in a rejection because you worked more than the amount considered substantial gainful activity (SGA), you can appeal the denial of SSDI benefits if it occurred within a trial work period. However, in most cases, a trial work term cannot begin until 12 months of disability has passed.

Trial Work Period Protection Timing

The date your handicap began, the date you became eligible for benefits, and the date you were authorized for benefits all have an impact on whether your job qualifies as trial work. However, because SSDI rulings can take years, you may be injured and out of work for a year before learning if you will be paid. If you meet the definition of handicapped for the whole year, you may be permitted to return to work while still protected by the trial work period limitations.

After one year of being disabled (your EOD, or established onset date), any work you complete after that date is covered under the trial work period criteria IF it occurs after your ultimate "date of entitlement." (This applies whether or not you have received approval at the time you start working.) Your entitlement date is five months after the day Social Security determines your disability began.

For Instance: Richard is paralyzed and unable to work on January 15, 2018. He applies for SSDI, stating that his start date is January 15, 2018. He returns to work on June 1, 2018, at $2,000 per month. His SSDI application was denied on September 3, 2018. If he files an appeal, his claim will be denied because he returned to work (at or above the SGA level) within 12 months of the onset of his disability.

**It is crucial to remember that the limits vary once you have been approved for benefits. The trial work restrictions encompass any employment activity as long as you are approved and have fulfilled your five-month waiting period, even if you return to work within 12 months of your disability onset date.

Compassionate Allowances and Terminal Illnesses

According to the Social Security Administration (SSA) a disability is defined as an impairment that is likely to result in death or has lasted or is expected to last one year. Working at or above the Substantial Gainful Activity, SGA level within 12 months of the onset of your disability disqualifies you from receiving SSDI benefits, according to Social Security regulations. However, this does not apply to those whose disability application was approved for a terminal illness or compassionate allowance condition. These applicants for disability may be found handicapped despite not meeting the 12-month duration threshold, allowing them to return to work under a trial work term within 12 months of the onset of impairment.

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Friday, 29 March 2024