The Trial Work Period Legally Available to SSDI Recipients
Sometimes a person who receives Social Security Disability Insurance feels that their condition may have improved to the extent that they can return to work. An SSDI recipient may worry that they could lose their benefits if they try to work again and that they would need to reapply if it turns out that their condition still prevents them from working. To encourage people to return to work when they are able, the Social Security Administration provides for a Trial Work Period.
This allows an SSDI recipient to continue to receive the full amount of their benefits for nine months in a five-year period, regardless of their income during this time, as long as they continue to have a disabling impairment. The recipient must report their activity to the SSA, which will use their monthly earnings before taxes to determine whether a month should be counted as a Trial Work Period month. The threshold amount to trigger the Trial Work Period rule changes each year, but it was $1,050 in 2023. Recipients who are self-employed will have a month counted as part of their Trial Work Period if they earn at least the threshold amount or work more than 80 hours in that month.
A claimant will not receive SSDI benefits or a Trial Work Period if they perform substantial gainful activity within 12 months of when their impairment begins and before their SSDI claim is approved. Substantial gainful activity is defined as earning a certain amount of income each month ($1,470 in 2023), and it is a critical element of the SSA definition of a disability. Also, the SSA may cease providing benefits before the Trial Work Period ends if it finds that medical evidence shows the claimant’s recovery.
The Extended Period of Eligibility
The SSA provides for a 36-month Extended Period of Eligibility, starting in the month after the Trial Work Period ends. This takes effect even if the recipient is not performing work that month. During these 36 months, a recipient who still has a disability generally will receive SSDI for a month in which their income does not meet the substantial gainful activity threshold, but not for a month in which their income meets the threshold. However, there is a three-month grace period when the monthly earnings of a recipient reach the substantial gainful activity threshold for the first time during the Extended Period of Eligibility. This allows them to continue receiving benefits regardless of their wages during that time.
When the Extended Period of Eligibility ends, a recipient will continue to receive SSDI if their monthly income is less than the substantial gainful activity threshold. They will no longer receive SSDI if they are earning more than the substantial gainful activity threshold. If a claimant has exhausted their Extended Period of Eligibility, and their monthly income later drops below the substantial gainful activity threshold, they cannot get their benefits reinstated automatically. However, they may be able to use the expedited reinstatement process to regain their benefits.
