work you decide that you cannot continue, there would be no harm done to your on-going disability benefits. You’ll keep your benefits as long as you don’t medically improve. But people often use up their trial work period months by working part time. Indeed, some people, who worked part time while their claims were pending, are surprised to discover that they used up their trial work period months even before SSA found them disabled. If your income exceeds the trial work period services monthly amount (which is $720 in 2010 and 2011 – it usually goes up a little every year), for nine months virtually at any time since you applied for benefits, even if those nine months are not consecutive, you will have used up your trial work period. A trial work period month here and a trial work period month there counts as long as all nine months are in any five year period. Once you use up your nine-month trial work period, it is gone. People who have already used up their nine-month trial work periods by working part time, are surprised when SSA abruptly stops their benefits. For example, if your trial work period has already been used up and then you go to work full time for eight months, your
benefits will be stopped after only three months of work. You’ll probably be able to get your benefits back if you stop working within three years after you used up your nine trial work period months; but then if you work again at the substantial gainful activity level more than three years after you used up your trial work period, SSA is supposed to stop your benefits with the first month of work. If you’re unable to continue working at that point (that is, more than three years after the end of the trial work period), you’ll have more difficulty getting your benefits reinstated. In short, it is best not to use up your trial work period until you are ready to try going back to work full time. Because the trial work period can be valuable, we recommend that you not waste it on part time work. To keep from wasting the trial work period, you need to keep your monthly income below the trial work period services amount.
When I am trying to keep my income below the trial work period services monthly amount, is it gross income or take home pay that counts?
Gross income-and income is not averaged. The trial work period services monthly income rules are very strict. There are no deductions that can be taken against your gross income to reduce it below the trial work period services monthly amount.
If I need more income than the trial work period rules allow, what are the rules for working at less than the “substantial gainful activity” level?
Gross income counts but income is averaged. Theoretically, you get to subtract sick pay, vacation pay and what SSA calls “impairment related work expenses;” which, as a rule, are the amounts of out-of-pocket payments you make in order to treat your disabling impairment, but there may be some other work expenses that can be deducted, too. You’ll TOLL FREE NUMBER 1 800 242 3358
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