What’s new in Social Security in 2010?
The Social Security Red Book page has a nice summary of the the changes in the Social Security system in 2010:
We increased the Substantial Gainful Activity SGA amount for individuals with disabilities, other than blindness, from $980 to $1000 for 2010.
The SGA amount for individuals who are blind is $1,640 for 2010. The amount is unchanged from 2009.
We increased the monthly earnings amount that we use to determine if a month counts for the Trial Work Period TWP from$700 to $720 for 2010.
For 2010, the Supplemental …
Is SGA too complicated?
Even if you know the definition of a substantial gainful activity (SGA), could you apply it? Can you be sure that the last job you tried before you applied for Social Security disability benefits was SGA?
Charles Hall proposes that substantial gainful activity (SGA) has become just too complicated.
If one is engaging in SGA, one cannot be considered disabled, but SGA is a term of art. Work may not be SGA if low earnings, unsuccessful work attempts, made work, subsidized employment, impairment related work expenses, trial work periods, etc. are taken into consideration.
…The …
What is an Unsuccessful Work Attempt?
I previously wrote about the various exceptions which may allow you to keep your Social Security disability benefits even if you return to work. The most common of these is an Unsuccessful Work Attempt (UWA).
If you work for 6 months or less at a substantial gainful activity (SGA) level, your work may qualify as an Unsuccessful Work Attempt and not affect your application for benefits (or your current Social Security disability benefits if you have already won your case).
Another benefit of the Unsuccessful Work Attempt exception is that it applies for both Social Security Disability Insurance (20 CFR 404.1574) and Supplemental Security Income (SSI) (20 CFR 416.974) cases. This is a major difference between Unsuccessful Work Attempts and Trial Work Periods.
Can I work and still receive Social Security disability or SSI benefits?
Updated 01/04/12.
Can a person work and still receive Social Security disability benefits or Supplemental Security Income (SSI) benefits?
The answer is a qualified “yes.”
Social Security wants people to try to go back to work. But, the regulations surrounding keeping your benefits while you try to go back to work make it tricky.
Are you engaged in a Substantial Gainful Activity?
Generally speaking, the test of disability is whether you can perform a substantial gainful activity (SGA)? That is, are your monthly gross earnings (income before taxes and deduction) equal to, or greater than the Substantial Gainful Activity amounts set by Social Security.
In 2012, if you are making at least $1,010 per month, before taxes, your work is a substantial gainful activity. To see the current SGA amount, or SGA amount for other years, click here.
So, if I my gross income is the SGA amount, or more, I have a problem,
But, if my monthly gross income is less than SGA, Social Security will leave me alone.
That is generally correct and it is a good rule of thumb.
However, and this is a big however, this is not the end of the analysis. There are exceptions to allow your benefits to continue if you are earning more than SGA and exceptions that might stop your benefits even if you are earning less than SGA.
If you are receiving Supplemental Security Income, you can earn more than the SGA amount and still receive your SSI benefits. But, that is an article in itself.
Trial work period and Social Security disability benefits
Social Security encourages you to try to go back to work to see if you can do it. A Trial Work Period (TWP) lets you work and still be considered disabled by Social Security.
A beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. We do not consider services performed during the trial work period as showing that the disability has ended until services have been performed in at least 9 months (not necessarily consecutive) in a rolling 60-month period.
To sum up, a Trial Work Period lets you work and still be considered disabled by Social Security. Not only that, but Social Security does not count all the months you work, just the ones where you earn more than a threshold Trial Work Period amount:
2012 - $720 per month.
2011 - $720 per month.
2010 - $720 per month.
2009 - $700 per month.
2008 - $690 per month.
2007 - $630 per month.
