WHAT IS A TRIAL WORK PERIOD?
HAVE YOU HEARD OF A TRIAL WORK PERIOD?
A trial work period happens when you are already getting SSDI payments and you want to try to go back to work.
Did you know that trying to work triggers a trial work period? Do you know what a “trial work period” is?
Let’s talk about the typical scenario for a trial work period. You won SSDI benefits and one year has gone by. Perhaps you had surgery and are feeling better. Maybe you want to try to work again. But you don’t want to lose your SSDI benefits. Can you go back to work and still receive your benefits?
Yes. You can attempt to work and still get your SSDI benefits.
However, if you try to go back to work, then your “trial work period” may begin. It depends on how much money you earn. Therefore, it is important to know how a trial period works so you don’t end up with an overpayment. An overpayment happens when you receive SSDI benefits, but you shouldn’t be. Therefore, you will have to pay the money back to the SSA. Learn about overpayments in Social Security cases.
As you know, SSD benefits are for people who cannot work. So, how can you receive a benefit check and work? That is where the “trial work period” comes in. The SSA wants people who are on SSDI benefits to try to work. In order to encourage work attempts, the SSA gives people on SSDI benefits a “trial work period.”
WHAT IS A TRIAL WORK PERIOD?
A trial work period is a nine month period of time during a 5 year rolling period. During the 5 year period, you can try to “work” and still receive SSDI benefits. Remember, the SSA gives work a specific definition. Find out about SSA’s trial work period. Also remember that the trial work does not apply to you if you are getting SSI benefits.
You are working or doing “substantial gainful activity” (SGA) if you make more than $1,550 per month in 2024 ($2,590 if you’re blind). However, if you try to return to work in 2024 and you earn more than $1110 gross, then the SSA considers that month one of your nine trial work months. Learn what counts as past relevant work.
Please note that the amount that triggers a trial work period is different than the SGA amount. Additionally, all the amounts of money in this article are prior to taxes being taken out. It isn’t your take home income (after taxes). Instead, the SSA counts the whole amount you earn. That means before taxes come out.
WHAT AMOUNT OF MONEY TRIGGERS A TRAIL WORK PERIOD IN 2024?
For 2024, a trial work period begins when you earn more than $1110 in one month. The SSA will allow you to earn up to $1110 before a trial work period begins in 2024. In 2023, that amount was $1050. If you work for yourself, then any month in which you work more than 80 hours can also count as part of a trial work period.
It is important to understand when the months you work count as part of a trial work period. If you think you can go back to work, then do it. Just know, if you are getting SSDI payments, then you must report any work you do to the SSA. Even if you work from home or for yourself, you still need to report your earnings. Additionally, be careful not to get benefits when your trial work period ends.
Finally, do not rely on the SSA to inform you when your trial work period ends. Chances are they will not notice right away that you continue to work and get a benefit check after your trial work period ends. If you are not eligible for the benefits because of work and you spend your benefit check, the SSA won’t care. They will require you to pay it all back. So, keep track of your trial work period and ask to be taken off benefits when it ends.
AVOID AN OVERPAYMENT AFTER YOUR TRIAL WORK PERIOD ENDS
You have 9 months, in a 5 year period, to earn over the SGA amount and still receive your SSD payments. Those 9 months can be in a row or not. The way people get in trouble with the trial work period is they work for 3 months and then don’t work again for 2 years. Then, they try another three month stint.
One year later, they work for 5 months and those three work attempts add up to 11 months. Therefore, they should not get benefits after the 9th work month. So, during the last 5 month work attempt, they were no longer eligible for benefits. If they work again and are still on benefits, they will incur an overpayment.
When so much time passes between work attempts, most people don’t realize that those first 3 months of work still count. It is easy to use up your 9 month trial period. But when you only work for three months and then don’t work again for a few years, you might forget that all work attempts count. Three months here, three months there, and it quickly adds up to 9 months. You must pay attention to how many months you work. Because they all count.
WHAT IS EXTENDED ELIGIBILITY?
If you complete the 9 month trial work period, then you can still get SSDI benefits. You can get them for any month where your earnings fall below the SGA level, for a 36 month period. This 36 month period is called the extended period of eligibility. In other words, if you earn less than $1,220 in any month, then you will get benefits. But, if you earn more than $1,220 in any month, then you won’t get SSDI benefits for that month.
Please don’t rely on the SSA to inform you that your trial work period is over. Often, people keep working and because they get an SSDI check, they think everything is fine. But the SSA makes mistakes. Even if you report your income to the SSA every month, it is possible for the SSA to make a mistake. They might send you an SSDI check even if they shouldn’t. If this happens, then you will incur an overpayment. That means you will have to pay the money back. Yes, even if the SSA made a mistake, you still have to pay it back to them.
WHAT IS EXPEDITED REINSTATEMENT?
Following your trial work period, if you stop working again due to your medical condition, then you can be put back on SSD benefits. The SSA gives you five years to have your benefits reinstated if your medical condition keeps you from working. During the five year period, the SSA will not require you to file a new SSD application to get an expedited reinstatement.
In conclusion, there are many things to consider if you want to try to work once you are on SSDI benefits. The main thing you want to avoid is having to pay money back to the SSA. No one wants to have to refund money that they don’t have.
Unfortunately, overpayments happen a lot. They happen because of confusion about trial work periods. It is important to get good advice before you make any decision about returning to work. If you have questions, then we have answers. Call or contact our law firm for help with your SSD benefits.
OUR LAW FIRM CAN HELP YOU WIN YOUR SSD BENEFITS
If you cannot work, then Cannon Disability Law can help you apply for SSD and SSI benefits. Also, we can help you appeal an SSA denial. Additionally, we will represent you in court at your SSA hearing. We will prepare you to testify in court. Once we win your benefits, we will make sure that the SSA pays them to you.
If necessary, we can appeal your case to the Appeals Council. Find out about your chances at the Appeals Council. Likewise, we file appeals in Federal Court. Also, we can represent you where you live. For example, we can represent you if need an SSD attorney in Utah or Nevada. Additionally, we can help you if you live in Idaho, Colorado, or California.
Learn more about filing for SSDI and SSI benefits in the following states:
- SSD benefits in Utah
- SSD benefits in Nevada
- SSD benefits in California
- SSD benefits in Idaho
- SSD benefits in Colorado
If you are trying to learn about a trial work period, then do not confuse it with an “unsuccessful work attempt.” The SSA defines those two things very differently. Learn more about unsuccessful work attempts. Also, find out how to win past due SSD benefits.
Your ability to receive Medicaid and Medicare depends upon whether or not you are successful with your SSD claim. Review information about Medicaid benefits. Also, learn information about Medicare benefits.
CALL YOUR ATTORNEY BEFORE YOU START A TRIAL WORK PERIOD
You need an attorney with experience. Hire us. Dianna Cannon has been helping people win benefits for over thirty years. Brett Bunkall and Andria Summers also have many years of legal experience. Learn additional information on our About Us page.
Together, we have won over 20,000 SSDI and SSI hearings. You can trust us to help you. We will do everything we can to win your SSD and SSI benefits. Also, we will help you understand your trial work period.
Once you are on SSDI benefits, you need to know your options before trying to work. Most people should only try to return to work if they are fully recovered from their medical condition. Before you trigger a trial work period, call your lawyer so you know how to avoid problems with the SSA.
There are not many severe medical conditions from which you can recover. But, it does happen. New treatments and medications can help you recover. It is also possible for people to recover after accidents. Think about breaking your legs in a car accident. Due to pain, you may not be able to work for a few years. But, over time, your pain eases. Then, you might be able to work again.
If you do want to try to work, then call your attorney before you start working. We can explain your options to you before you try to return to work. Call us. We will explain how a trial work period works.
