Log in to post a reply
Jun 21, 2011 03:57PM
In regards to what? If you mean amounts you can earn it is per month averaged.
$720 is the amount for a trial work period. $1,000 is the current amount with respect to SGA and an unsuccessful work attempt.
Before making this separate topic I posted a few times here
This is what I posted with respect to earnings:
This is from SSA website:
Earnings trigger a trial work period
During a trial work period, a beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. We do not consider services performed during the trial work period as showing that the disability has ended until services have been performed in at least 9 months (not necessarily consecutive) in a rolling 60-month period. In 2010, any month in which earnings exceed $720 is considered a month of services for an individual's trial work period. In 2011, this monthly amount increases to $720.
here is link:
So making $1000 in any month, regardless of the hours one works, more than 9 times in a rolling 60 month period may effect benefits. But also the regulation also makes clear that unpaid services like volunteering as long as it is a service that people do get paid for can count towards the trial work period.
Example: if a person volunteers to answer phones for some type of charity for 10 hours a week that this charity normally pays $20 to do that job, SSA may consider that as part of trial work period.
So the. answer to your question is yes, working can always cause you a headache. In my experience SSA is big and slow, but at some point the computer notices the data being inputted.
Best chance is to keep earnings below the amount SSA considers the trigger, this year that is $720.
And I posted this:
Correct. Once you exceed the trial work period limitations, SSA then looks at whether or not you are engaged in substantial gainful work activity (SGA). Which currently the bright line is $1,000.
But remember, this is a very large agency. So making $990 a month does not me a person safe because the regulations and rules state that SSA will "generally" not consider amounts below a certain amount ($1,000 this year) as SGA. But that does not mean they won't
So I guess to put it in list form in order from safest to risky:
A. Do not work.
B. If you do work keep it under the TWP max. which this year is $720.
C. If you do work above $720 and are out of TWP keep it below SGA levels (this year $1,000) and document how you were able to work. Here are some examples to show why what a person does is not SGA no matter what they make:
Performance of Work Under Special Conditions: One situation under which your SGA-level work may have ended, or may have been reduced to the non-SGA level, as set out above, is "the removal of special conditions related to your impairment that are essential to your further performance of work." That is, you may have worked under conditions especially arranged to accommodate your impairment or you may have worked through an unusual job opportunity, such as in a sheltered workshop. Special or unusual conditions may be evidenced in many ways. For example, you:
May have required and received special assistance from other employees in performing the job; or
Were allowed to work irregular hours or take frequent rest periods; or
Were provided special equipment or were assigned work especially suited to your impairment; or
Were able to work only within a framework of especially arranged circumstances, such as where other persons helped you prepare for or get to and from work; or
Were permitted to perform at a lower standard of productivity or efficiency than other employees; or
Were granted the opportunity to work, despite your medical condition, because of family relationship, past association with the firm, or other altruistic reason.
Basically, if the only way yo work is because you are accommodated or treated specially then SSA may not count that as SGA. Why? Because unlike the ADA, SSA does not consider employer accommodation in the analysis. A person must be able to perform work without accommodation for their disability.
D. If you do make consistently over $1,000 be upfront with SSA to avoid any overpayment issue and to establish a history of credibility if you need to re-apply or re-start your benefits.
Again this is not meant to be legal advice but just a more detailed discussion of the issues you have raised.
Fianlly and unrelated to your quesiton I did put this up there:
Here is something that may be of interest from SSA website.
Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly.
What qualifies for a passionate allowance?
Here is the link to list:
Of note number 14 is:
Breast Cancer - with distant metastases or inoperable or unresectable
Finally, here is a link to a section of the POMS Manuel.
Essentially POMS is a non-binding Manuel that takes the law of SSA and writes it in a manner thatnthe field staff in local offices can follow to process claims correctly. This document is how they should handle a claim involving someone who is Stage IV diagnosed.
Before you click though, it ain't pretty. Bottom line SSA does notmlike to make mistakes. Therefore, the fact that an impairment is fast tracked to being approved as disabling may be a good thing as far as getting paid SSA benefits, but like I tell my clients, often whatnisngoodmto help in SSA claim is bad for health overall.
6/3/2011, IDC, 2cm, Stage IV, Grade 3, mets, ER+/PR+, HER2-