Recently, Attorney and Partner Lauren Zwirlein from Tabak Law sat down with The Morning Blend on TMJ4 to discuss the nuances of social security disability including everything from the upcoming COLA increase, to COVID long haul, and even the idea of using SSDI temporarily. Can you use social security disability temporarily? Find out and check out the video interview too right here.
Do You Have To Stay on SSDI?
There is a false misconception that a disability that would qualify you for Social Security disability insurance would have to last forever. In reality, that is far from the truth. Many disabilities still fully impact your ability to work but improve with time and proper medical treatment.
For example, you may lose the ability to walk after a car accident, but you could potentially regain that ability through hard work and with proper care. In this case, can you still apply for SSDI?
Social Security disability is a program designed for both temporary and permanent relief. However, to qualify for SSDI, your disability has to be expected to prevent you from working for at least 12 months. This doesn’t mean you have to wait 12 months to apply, but rather that modern medical science dictates that it will take at least that long to recover.
For many, going back to work is the right option as it will typically earn your more money than SSDI benefits, but what does that process look like? Actually, you can take advantage of what is known as a trial work period.
What is a Social Security Trial Work Period?
Over the course of a five-year period, you are allowed to work up to 9 months and still receive your full SSDI benefits. Any month where you earn more than $970 before taxes or work more than 80 hours if you are self-employed, will count as one of your nine trial work period months. These months do not have to be consecutive in order to count.
The goal is to encourage you to go back to work without fear of reprisal. It’s also worth mentioning that Social Security allows you to work in general as long as you don’t make more than $1,350 a month (or $2,260 if you are blind). This is called the substantial gainful activity amount or SGA. You do have to be careful though as sometimes working beyond your nine-month trial period, even if you stay below the SGA, as Social Security could use this as evidence that you can work and potentially remove your SSDI benefits.
Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.