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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36941
Experience:  30 years in Employment law
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If you are on ssdi and self employed. Working less than 80

Customer Question

If you are on ssdi and self employed. Working less than 80 hours a month. Does that count as gainful employment.or work against u and your ssdi.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
This would affect your benefits.SSDI has a back to work program here, as long as you notify them about your work here they give you none months of full benefits.But anything past that may reduce your benefits.
The other option here is to work off the books so to speak.Then you take the chance that SSDI does not find out about it if you receive cash.But any 1099 or W-2 will be matched up here to social security and you can be denied.
So if you are self employed and you are going to get a 1099 from someone you need to report this knowing they will eventually find it and you would then have overpayment issues.
About the Trial Work Program
"The Trial Work Period (TWP) is designed to allow SSDI recipients to experiment with working while still receiving their full monthly benefit. It consists of a total of nine months, not necessarily consecutive, over a 60-month period. During these nine months, a person may earn an unlimited amount without lowering their monthly cash benefit. The TWP was developed many years ago to encourage disability recipients to go back to work when they can.
A month counts as a TWP month whenever an individual earns more than $780 per month or when a self-employed individual (that is, business owner, freelancer, consultant, etc.) works 80 hours or more in a month.
All of your monthly earnings before taxes apply to the $780 TWP threshold, but you can deduct impairment-related work expenses that you pay for out-of-pocket (such as service animal-related costs, medical supplies, or job coaching). Keep receipts of your impairment-related expenses so that Social Security can total your earnings accurately."
In addition, it is essential to inform your local Social Security office of your earnings for each month you work while receiving benefits. Send a certified letter with a copy of your pay stubs and any impairment-related work expenses by the 10th of the month after a month in which you work. Failure to do so may result in your benefits' being terminated."
Reference.
http://www.nolo.com/legal-encyclopedia/how-much-can-you-work-while-receiving-social-security-disability-ssdi-benefits.html
http://www.bondssa.org/working-while-receiving-benefits.php
Expert:  Ray replied 1 year ago.
Please let me know if you have more follow up.I know that this is important to you and I want to make sure I answered all of your questions about work and SSDI.
Thanks again.
Expert:  Ray replied 1 year ago.
The hours you work are ok as long as you are signed up with the trial work program.You would have 9 months of benefits and then if you keep working they would reduce benefits under SSDI.Otherwise if you do not report it here and SSDI doesn't know about it you may have overpayment problems.
Let me know if you have more just wanted to clarify here.
If you can leave a positive rating when we are done it is always very much appreciated.Thanks again.