The New Leaf

March 1995 •  No. 2, Article 3


WORK INCENTIVES LET YOU TRY TO RETURN TO WORK

After a person is found entitled to Social Security disability insurance (SSDI) or SSI benefits, one of the most frequently asked questions is "what happens if I try to work?"  The Social Security Administration has several programs and rules collectively referred to as "work incentives." They are intended to allow people to return to work without immediately losing their disability payments.  Some of these incentives apply only to SSDI, others only to SSI and some to both programs. The work incentive programs apply only to individuals who are working but are still medically disabled.  A person's benefits can be terminated any time his medical condition improves so that he is no longer disabled.

SSDI Programs

Trial Work Period (TWP):  Once eligibility for SSDI benefits is established, the individual is entitled to a TWP. Any month a person earns more than $200 counts as a trial work month.  Recipients can work a total of nine trial work months (which do not need to be consecutive) in any 60 month period. The work will not affect the receipt of benefits regardless of how much money the person makes in a month. However, after the nine trial work months, if the person earns more than $500 in any month, she will lose benefits for that month. As described below, earnings in excess of $500 per month will lead to the termination of benefits after the extended period of eligibility.

Extended Period of Eligibility (EPE):  The EPE is a 36 month period which begins the month after the TWP is used up (the month after the ninth month a person has earned $200 or more from work.)  If during this 36 month period the individual earns less than $500 in a month, she becomes automatically reentitled to disability benefits for that month and all months thereafter for which monthly earnings continue to be less than $500.  Benefits will continue to be paid after 36 months as long as earnings stay below $500.  As soon as earnings rise above $500 after the 36 month EPE expires, no further benefit payments will be made, even if earnings later drop below $500.  The individual will have to reapply for benefits if she later becomes unable to continue work.

SSI Programs

Plan for Achieving Self Support (PASS):  A PASS allows an individual to set aside income or resources to be used for achieving a return to work goal.  The advantage of a PASS is that income and resources that are set aside are not counted in determining the individual's monthly SSI entitlement.  PASS plans are discussed in greater detail on page ___.

Section 1619:  Normally, if an SSI recipient earns over $500 a month, Social Security considers that individual to be working and not disabled.  However, if a person already receiving SSI returns to work and earns over $500 a month, she will be given Section 1619 status and benefits will continue. The monthly benefit amount will decrease proportionately to the amount earned.  The first $65 earned will not affect the monthly SSI entitlement.  Any additional earnings reduce the monthly SSI entitlement by 50% of the amount earned in excess of $65.

For example, if a person earns $665 in a month, benefits will continue, but will be reduced.  The reduction will be 50% of the earnings in excess of $65 which is $300.  If the earnings are high enough that the offset is greater than the SSI monthly entitlement, benefits will stop although in some circumstances the individual may continue to receive MediCal.

Summary

Other work incentive programs not discussed above may apply to some individuals.  The details of each program are complex and the outlines above cover only the most general points.  The disability beneficiary should be aware of the consequences of attempting to work before doing so.  More information about work incentive programs can be obtained from your local Social Security office or The Hawkins Center.


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The Hawkins Center
A Non-Profit Agency Providing Legal and Support Services to People with Disabilities
101 Broadway, Suite 1, Richmond, CA 94804, Phone: (510)232-6611, Fax: (510)232-2271
email: info@hawkinscenter.org
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