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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2785
Experience:  associate attorney
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A friend is on disability, and going thru a divorce. is she

Customer Question

A friend is on disability, and going thru a divorce. is she allowed to work any?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.
Customer: she is 69,does that help? She is from a small town in Southern Mo. If she can work, how many hours?
JA: Is there anything else important you think the Retirement Accountant should know?
Customer: I'm not sure what is needed.
Submitted: 21 days ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 21 days ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq. replied 21 days ago.

Yes, she can work but there are certain thresholds of income that she cannot exceed and keep her SSDI. Per SSA, she can begin work on a "trial work period". The trial work period allows her to test her ability to work for at least nine months.
During her trial work period, she will receive her full Social Security benefits regardless of how much she is earning as long as she reports her work, and she continues to have a disability. In 2016, a trial work month is any month your total earnings are
over $810. If you’re self-employed, you have a trial work month when you earn more than $810 (after expenses) or work more than 80 hours in your own business. The trial work period continues until you have worked nine months within a 60-month period. After your trial work period, you have 36 months during which you can work and still receive benefits for any month your earnings aren’t “substantial.” In 2016, SSA considers earnings over $1,130 ($1,820 if you’re blind) to be substantial. During a trial work period, a new application or disability decision aren’t necessary to get your Social Security disability benefit. Also understand that when she reached full retirement age (age 66 for her), her disability was converted over to her retirement if she was eligible. If her disability payment was more than her retirement payment, SSDI paid the difference. If she is/was eligible for retirement and it was not more than her SSDI, then it is possible that she will not be penalized for working if she is simply receiving retirement (SSI) at this point.

See link from SSA for this information: https://www.ssa.gov/pubs/10095.html

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Expert:  Christopher B, Esq. replied 19 days ago.

Just checking back in, do you have any further questions or have I answered your question adequately?

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