Quote:
Originally Posted by Janke
SSI has work incentives that are not the same as work incentives for SSDI. Go to socialsecurity.gov and read The Red Book. Request one to be mailed to you and read it cover to cover. Twice. Take notes. Read about SGA, TWP, IRWE, PASS, 1619b, EXR, Section 301, earned income exclusion, etc.
If you are able to perform substantial gainful activity in less than 12 months after your date of onset, you are jeopordizing your award. Your award could turn into a denial, after the fact. The assumption is that you have been or expected to be unable to perform substantial gainful activity for 12 months or longer, so if you return to work in less than 12 months, the initial decision can be reversed and you can be asked to pay all the money back. So be very careful about when you decide to work.
I know everyone wants a one size fits all answer to can you go to school without affecting your eligiblity for SSDI and SSI or not. There is no such one answer.
SSDI benefits can be ceased because of work activity after the trial work period if the person is performing substantial gainful activity. SSDI benefits can also be ceased because a person has shown medical recovery; that their symptoms have gone from severe to moderate or moderate to minimal. This can be because their injury has healed significantly or that medication or medical treatment is controlling the symptoms or cured the illness.
SSI benefits are not ceased due to work activity but the amount of wages can reduce SSI to zero and put a person on special (section 1619b) SSI status. SSI benefits can be ceased the same as SSDI benefits due to medical recovery.
For SSI, the first $65 of the gross wages and 1/2 of the remainder are excluded from income. Generally, income received one month determines payment two months later. There is an exception to the two month rule. Generally, income received in October determines December's SSI. Even if the money is already spent and is no longer being received. If the wages are too high, they can reduce SSI to zero in the month of receipt. You make an estimate of wages. You provide your hourly rate; number of hours you are expecting from the job; and the expected pay date. SSI needs numbers.
Does going to school show medical recovery? Maybe. Maybe not. Every case is different.
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Thanks so much for your detailed explanation.
I really appreciate it. I think my doctor is misinformed because he believes that if I am able to work earlier than 12 months from either date, SSA might stop my benefits but they would never take away the amount already paid for previous months. Thanks for letting me know that is even a possibility!
To clarify, by date of onset, do you mean date of disability? In my case, the date of disability is a few months earlier than the date of application. So would it be 12 months from the date of disability or 12 months from the date of application? I will not be making enough for SGA till more than 12 months after the date of application. However, I want to ease into working. If all goes well and I can work a few hours a week 12 months after my date of disability, but before 12 months after the date of application, I would like to do so under the auspices of SSA, especially since it will not be enough for SGA.
I agree with you completely that everyone's case is different and there is no knowing how attending school can impact an individual case. I am glad though that attending school does not trigger a blanket denial of benefits and in some cases students under a certain age can earn income that is not calculated when determining their benefit amount. I am too old to qualify for that though.
10-29-2011, 06:22 PM
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