When it comes to receiving social security disability benefits, several factors come into play. These factors are why the Social Security Administration (SSA) rejects about two-third of the applications they receive. A social security attorney in Milwaukee can help if you apply and get denied.
Ordinarily, Wisconsin law grants benefits to those who are disabled. But when a disabled person is fit to carry out their job duties, the question becomes how long they can work and still be eligible to receive social security disability benefits. Read on to get the answer.
Can You Work and Receive Social Security Disability Benefits?
If you are disabled and looking to keep working while still receiving benefits from the SSA insurance scheme, there are things to keep in mind. Whether you lose all your entitlements or get to keep them is dependent on what the SSA terms “Substantial Gainful Activity.”
If you are eligible for SSD benefits, you will continue receiving them while working under SGA. The latter allows you to undergo an employment test period. During this time frame, you’ll receive all the social security disability benefits you’re entitled to.
The trial period is for you and the SSA to determine whether you can work with your limitations. The test can last for nine months, and the SGA scheme will consider the number of hours you worked.
The SGA usually considers 80 hours or more of work as a trial month. It is prudent to have a disability law attorney to assist you with this and help you communicate with the SSA officials.
Number of Hours You Can Work and Receive Social Security Disability Benefits
The first thing to note here is that the SSA does not necessarily count the number of hours worked. It considers whether the job falls under SGA requirements by looking at the amount the person earns.
In 2021, the statutory monthly SGA amount for blind people is $2,190, and for non-visually impaired individuals $1,310. The monthly limit is examined by the SSA each year.
Hours come into play when the person applying for social security disability benefits is self-employed or head of a corporation. The reason is that those who fall into either of the two categories can work hours without receiving pay, possibly for reinvestment reasons.
In that circumstance, the SSA will pay attention to the time they spend working. This means that a self-employed individual can work up to 45 hours per month and still be eligible to receive benefits.
The SSA will take into consideration that:
- The person is not the only one working for the business; and
- The person is not making a substantial income.
The procedure for determining hours is tricky and not very straightforward. Each case is decided based on the facts and merits, and it’s usually helpful to have a social security law attorney with you when beginning the process.
Can You Receive Social Security Disability Benefit After Your Trial Work Period?
After completing your nine-month SGA work trial period, you remain eligible to receive SSD benefits anytime your monthly income falls below the required SGA level. That is, if you earn less than $1,31o, the SSA will pay you what you’re entitled to.
However, keep in mind that you will not always be eligible for this. The time frame for SGA eligibility under this head is 36 months. It means that if your income drops below $1,310 within 36 months, you will receive social security disability benefits.
Furthermore, if your monthly income remains over the SSA’s minimum, you will still be eligible for SSD benefits in the future. If you are in Milwaukee, you can have your social security disability benefits reinstated if you need to stop working because of your condition.
The SSA law states that you’ll have to file a new disability application with the agency to qualify for the benefits. A social disability lawyer in Milwaukee will help you expedite the application process and get you the approval you need.
Have Questions on Social Security Disability Benefits? Contact a Wisconsin Disability Lawyer at Tabak Law LLC!
Due to the long and complicated process involved in obtaining approval and getting SSD benefits, it is best to have a disability benefits attorney with you. At Tabak Law LLC, our team of experts has years of experience getting approvals for applicants. Thus, if you are injured, unable to work, or wish to return to work despite your condition, schedule a free consultation with us to review your case.