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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11782
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I recieve SSDI due to being legally blind, also work p/t at

Resolved Question:

I recieve SSDI due to being legally blind, also work p/t at grocery store, as part of employment I belong to local union, which I recieve certain benefits, 1. vacation 2. paid birthday 3. certain holidays paid even if I don't work that particular day. Local SS office says vacation pay is not counted towards my SGA but have never got firm answer on the other two options, this year I am running above SGA before taking into account the aforementioned benefits and any IRWE (Impairment Related Work Expenses), can you help answer this?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you. I am drafting your answer now and will post it as soon as it is completed. You should get an email letting you know that I have posted it, in case you want to go about your day without waiting at the computer.

I look foward to assisting you,
Sincerely,
Stephanie O. Joy - Contributor
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi and thank you for your patience. With regard to your post:

I recieve SSDI due to being legally blind, also work p/t at grocery store,Great.

 

as part of employment I belong to local union, which I recieve certain benefits, 1. vacation 2. paid birthday 3. certain holidays paid even if I don't work that particular day. OK.


Local SS office says vacation pay is not counted towards my SGA but have never got firm answer on the other two options, this year I am running above SGA before taking into account the aforementioned benefits and any IRWE (Impairment Related Work Expenses), can you help answer this? Yes, pay we receive that is NOT connected with specific work activity, such as vacation, personal days (i.e. a birthday freebie), sick days, holidays, etc.), are not counted.


See here for the written word from SSA:


https://secure.ssa.gov/poms.nsf/lnx/0410505010



Already Tried:
Local SS office, they not sure and internet search, and have read SS guidlines on countable income but I am not lawyer just lay person not sure if I understand exactly what the guidlelines say. See the above link - it describes how the determine what income is countable - towards SGA.

 

Hope this helps! Also, I presume you are availing yourself of that higher SGA limit provided for disabilities based on blindness (vs. other disabling conditions), right? I.e. you have a rate much higher than the $1040 / mo. limit.

 

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. To ask for me specifically, in the future, just start your post/transaction with "To Stephanie Joy ONLY" - and I should get it as soon as return.

Sincerely, XXXXX Esq.

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Customer: replied 1 year ago.

My only question now would be following example, if I work on say the 4th of July which is one of those holidays I would be paid 2.5 times my rate of hourly paid, now if I am scheduled off on that 4th I would be paid straight time for the amt of hrs that I average per day, my payroll stubs due break down that overtime rate as holiday benefit paid.

Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hello again, and thank you for your follow up:

My only question now would be following example, if I work on say the 4th of July which is one of those holidays I would be paid 2.5 times my rate of hourly paid, now if I am scheduled off on that 4th I would be paid straight time for the amt of hrs that I average per day, my payroll stubs due break down that overtime rate as holiday benefit paid.

 

But, I am not seeing a question?

Customer: replied 1 year ago.

If I work a paid holiday is the whole 2.5 x hourly rate considered working wages? I understand that if I dont't work then the amt paid as holiday pay is not countable, correct?

Expert:  Stephanie O Joy, Esq replied 1 year ago.
I agree with the latter, if you don't work, the pay doesn't count. However, if you do work, and if the pay is a normal pay (albiet higher) for working on such a day (a pricier holiday), good question. I don't see that they have made a rule on that and I certainly see a strong argument for the fact that such pay is NOT the regular wage, but a wage not typical for the work done. But that also tells me that if you are that close to broaching your earnings limit, you may want to consider not taking such risks, unless your benefits are not of major import (i.e. you have other sources of income). You may win the fight, but the battle could be tough. (As you can see, I am a cautious person when it comes to financial risks involving survival, vs. just the extras.)
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11782
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
Stephanie O Joy, Esq and other Social Security Specialists are ready to help you

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