WHAT IS A TRIAL WORK PERIOD?
YOU WON SSD BENEFITS.
NOW YOU WANT TO TRY GOING BACK TO WORK. CAN YOU?
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 disability benefits. Can you go back to work and still receive your SSD benefits? That is a great question. And, the answer is yes.
You can try to return to work and still get your SSD benefits. However, your “trial work period” will begin if you try to go back to work. It is important to know how a trial period works so you don’t end up with an overpayment. An overpayment is when you receiving SSDI benefits, but you shouldn’t be. Therefore, you will have to pay them back to the SSA.
As you know, Social Security 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 attempt to work, if they can. 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 period, where you try to “work” and still receive SSDI benefits. Remember, the SSA gives work a specific definition. Find out more about SSA’s trial work period here. You are working or doing “substantial gainful activity” (SGA) if you make more than $1,220 per month in 2019 ($2,040 if you’re blind). If you try to return to work in 2019, and you earn more than $880 gross, the SSA considers that month one of your nine trial work period months.
For 2019, the SSA considers any month where you earn more than $880 a trial work month. In 2020, a trial work period begins when you earn more than $910 in one month. For 2021, a trial work period will begin when you earn more than $940. The figures for 2022 allow you to earn up to $970 before a trial work period begins.
If you work for yourself, any month where you work more than 80 hours can also count toward your 9 month trial work period. It is important to know when the months you work count as part of your trial work period. If you think you can go back to work, do it. Just know, if you are getting SSDI payments, you must report any work to the SSA. Additionally, be very careful to not incur an overpayment by getting benefits when your trial work period 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 full SSD benefits. Those 9 months can be all 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 became ineligible for benefits. If they work again and are still on benefits, they will incur an overpayment.
WHAT IS EXTENDED ELIGIBILITY?
If you complete the 9 month trial work period, you can still receive SSDI benefits 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, you will get benefits, but if you earn more than $1,220 in any month, 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 a 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 by mistake. If this happens, you will still have an overpayment. You will have to pay it back, even if you didn’t make a mistake and the SSA did.
WHAT IS EXPEDITED REINSTATEMENT?
Following your trial work period, if you stop working again due to your medical condition, you can be put back on SSD benefits. The SSA gives you five years where your benefits can be 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 benefits. This is called 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 an overpayment. No one wants to pay back money to the SSA that they don’t have.
Unfortunately, overpayments happen a lot. They happen because of confusion about trial work periods, extended eligibility, and expedited reinstatement. It is important to get good advice before you make any decision about returning to work. You have questions, we have answers. Call or contact Cannon Disability Law for help with your benefits.
OUR LAW FIRM CAN HELP YOU WIN YOUR 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 help you testify in your case.
If necessary, we can appeal your case to the Appeals Council. Find out here 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, do not confuse it with an “unsuccessful work attempt.” The SSA defines those two things very differently. Learn more about what an unsuccessful work attempt is here. Also, find out more about winning past due benefits here.
Your ability to receive Medicaid and Medicare depends upon whether or not you are successful with your SSD claim. Read more about Medicaid benefits here. Also, read here if you need to know information about Medicare benefits.
LEARN ABOUT YOUR ATTORNEYS
In order to fight the SSA’s denials, 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. Find out more on our About Us page.
Together, we have won over 20,000 SSDI and SSI hearings. You can trust us. We will do everything we can to win your SSD and SSI benefits. Also, we will help you understand your trial work period.
The main thing you need to remember is once you are on SSDI benefits, you need to be very careful about trying to work. Most people should only try to return to work if they are fully recovered from their medical condition.
There are not many severe medical conditions from which you can recover. But, it does happen. New treatments and new medications create can help you recover good health. It is also possible for people also recover from severe physical injuries over time. 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 ease and you might be able to work again.
If you do want to attempt a trial work period, make sure you contact your attorney before you start working. We can explain your options to you before you begin a trial work period.
