What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
How Much Income Can A Person Earn If He Draws Social Security Disability?
How to prove you are disabled
and win disability benefits
Social Security disability has an income limit of sorts. If a person is drawing Social Security disability they should be concerned about their work activity and what it could suggest. When a person is drawing Social Security disability benefits they are not precluded from work activity, but all work activity has the potential to affect their eligibility for monthly disability benefits.
The controlling amount of income that affects disability eligibility most often is substantial gainful activity or SGA, as it is more commonly known. Each year Social Security determines a monthly amount of gross earnings it considers to be self-supporting. If a disability beneficiary earns above the SGA monthly amount their benefit may be suspended or even terminated.
A disability beneficiary is entitled to nine trial months in a five-year period beginning with the first month they have monthly earnings over the trial work limit (yes, there is another earnings limit that affects disability entitlement). The trial work month earnings limit is always less than the SGA limit.
While an individual has the option of having monthly earnings over the SGA limit during the trial work period, trial work months can be exhausted even if the person's earnings are under SGA, if they are at the trial work month limit or more.
Trial work months can be performed anytime during the five period and do not have to be consecutive. Once a person has used their trial work months, they have to stay below the SGA limit in order to avoid work suspensions that could cause them to be overpaid at the very least. Overpayments occur because any month a person earns SGA or more, they are not entitled to be paid for that month. Additionally, if a person performs SGA-level work activity consistently, month after month, it could lead to an eventual termination of disability benefits.
After all, the definition of Social Security disability is any medically determinable mental or physical impairment that has prevented a person from performing SGA for twelve months, is expected to prevent the performance of SGA for twelve months, or is expected to end in death. It would stand to reason that consistent performance of work activity at the SGA earnings level could lead to a finding of "medical improvement" for a Social Security disability beneficiary.
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Individual Questions and Answers
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials