Employment Law

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I'm 64 years old on disability can I go back to work without…

Customer Question
I'm 64 years old...

I'm 64 years old on disability can I go back to work without being penalized

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 5 months ago.Category: Employment Law
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Answered in 7 minutes by:
12/19/2017
Employment Lawyer: John, Employment Lawyer replied 5 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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During the first nine months that you return to work, you will continue to receive your SSDI benefits. At the end of nine months of work, your trial work period is over, and the SSA will decide if you have been doing "substantial gainful activity," or SGA. (SGA is generally earning $1,170 or more per month.) If your average earnings are over the SGA amount, your SSDI benefits will end.

You are entitled to nine trial work months during your trial work period, and a month doesn't count toward your nine months if you make less than $840 (gross) or if you work less than 80 hours per month in self-employment (irrespective of the amount earned). Your nine trial work months need not be consecutive, so there can be gaps between your trial work months that count toward your nine-month limit.

Once you have used nine trial work months during any five-year period, you have exhausted your trial work period and are not entitled to another trial work period (unless your SSDI benefits end due to working, and you subsequently become entitled to benefits again by submitting a new application for SSDI benefits or through expedited reinstatement.

However, if you use fewer than nine trial work months during any five-year period, you may be able to get another set of nine trial work months. Trial work months more than five years old are no longer counted, so your entitlement to nine months of trial work may start over, and you may be end up getting more than nine trial work months.

If you exhaust your trial months but still earn less than SGA, you kind of take your chances on whether they will pull you off the claim. They may find what you are doing to be "work" and thus make the determination that you are able to do more of it, or they could find it is not an indicator of ability to work. At your age, most likely they aren't going to give you a problem because you are around 2-3 years from regular retirement benefits anyway.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
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