So, You Want to Return to Work?
SSI and SSD Concerns
Published in The Intercessor 2003

Kerie Stone

Some rheumatic patients who are able to return to work after being on antibiotic therapy have expressed concern regarding relinquishing their disability benefits. Kerie Stone is an attorney in private practice who previously worked as a Supervisory Staff Attorney for the Office of Hearings and Appeals of the Social Security Administration. She now represents people in claims for Social Security Disability, Workers' Compensation and private policy Long Term Disability Benefits. She has provided RBF with information abut how disability benefits will affect their return to work. The opinions provided here should only serve as general guidance. Each person has a unique situation and should consult with a legal professional to determine exactly how the rules will apply.

If you are receiving Social Security Disability Benefits and you want to return to work, you may have heard rumors and misinformation as to what will happen with your benefits. Here are some things that you should know:

1. If you return to work, you will not have to pay back all of the money that you received from Social Security. Some people think that this is the case.
2. There are many, many rules and programs to help you return to work. Attorneys and Social Security employees often refer to these rules as "Work Incentives." The rules can often be quite complicated and there are always exceptions to rules, so it may be very difficult to know whether a particular rule applies to your situation. The rules discussed below are the most commonly used, but there are other incentives that can help you as you return to work.
3. In order to determine which rules apply to you, you will need to know whether you receive Supplemental Security Income (SSI) or Social Security Disability (SSD) or both. If you have saved any notices that you have received from the Social Security Administration, those notices should tell you which benefit you receive.
4. In most cases, if you work and receive SSD benefits, if you earn less than $570 per month, you will not lose benefits. However, if you consistently earn just a little less than this amount, Social Security may become suspicious and review your disability.

Where can you get information?

1. The most obvious place to obtain information is from your local Social Security District Office or the Social Security Administration's 1-800 number (1-800-772-1213). Remember, however, that the information that you receive from these sources is only as good as the person whom you happen to speak to. Some employees are well trained and are a valuable source of information and some are less reliable. It may be difficult to tell whether you can rely on the information that you receive when you contact Social Security. Do not be afraid to ask to speak to a supervisor or manager.
2. The Social Security Administration maintains a website that has very valuable information. The website is www.socialsecurity.gov. You will find information about returning to work at www.socialsecurity.gov/work. It may take some time for you to read through the site and find the information that you need. This information may be more reliable than the information that you receive from any one individual Social Security employee. The information that reaches the website is likely to have been checked and double checked. If you find information that you intend to rely on, print it out. Do not be afraid to show it to any Social Security employee that you happen to be dealing with. There is no one who knows everything about benefits and it is within your right to educate someone whose job it is to help you. There is an excellent "information leaflet" that can be found at the website at www.socialsecurity.gov/pubs/10095.html. Another government sponsored website is www.disabilityinfo.gov.
3. A group of New York based non-profit organizations has formed the Work Incentive Support Center (WISC). WISC has a hotline at 1-888-224-3272. The hotline will answer questions about how work affects any type of benefit, including SSD and SSI. WISC has a newsletter. By calling the hotline, you can request to be placed on the mailing list. You can also access the newsletters from the Neighborhood Legal Services website at www.nls.org. WISC assists people who live in New York. If you do not live in New York, the website has information about Benefits Planning office in other states.

Some general concepts

These concepts apply if you receive SSD. Only a few of these rules also apply if you receive SSI . If you receive SSI, you may wish to consult one of the sources mentioned above. Also, SSI recipients may be eligible for free legal advice. See www.lsc.gov for information.

You might not be able to take advantage of work incentives unless you start your return to work after you have already been out of work for over one year. This is because the U.S. Supreme Court issued a decision on this issue in 2002. It is still not clear exactly how the Supreme Court's rulings will apply, but you should be aware that returning to work before you have been out for at least a year may pose a risk to your benefits. Those of you who have been receiving benefits for many years do not have to worry about this.

Ticket to Work

The Social Security Administration has begun to send some recipients actual "Tickets to Work." If you have received one of these, you are eligible to receive job training and other services. Also, if you use the Ticket to Work, Social Security will not review your disability while you are using the Ticket. For more information, see www.yourtickettowork.com.

The Unsuccessful Work Attempt

If you begin to work, and your work is discontinued after less than six months, that work may be considered an unsuccessful work attempt and it will not have an impact on your benefits. If the work ends before three months are up, and it ends because your illness prevented you from continuing, it will be considered an unsuccessful work attempt. If you work for more than three months but less than six months, and find that your illness forces you to stop working, the work will be considered an unsuccessful work attempt if you can show that you were frequently absent from work (due to your illness) or that your work performance was less than satisfactory due to your illness

Trial Work Period

For the first nine months after you return to work the money that you earn will not affect your Social Security Disability Benefit. If you earn more than $570 in any month, that month will be counted toward a Trial Work Period. The trial work period allows for nine months where you earn than $570 but you still receive your benefits. The nine months do not have to be consecutive. You do not have to "apply" for a trial work period but you must notify the Social Security Administration that you wish to begin.

Extended Period of Eligibility

After the trial work period is over, you might still receive some benefits while you work. For the next 36 months, if your income from work is less than $800 per month, you will receive a benefit.

Expedited Reinstatement of Benefits

After the trial work period and the extended period of eligibility have ended, you are still protected!!! If you become unable to work again within 60 months after the extended period of eligibility has ended, you may request to have your benefits reinstated. This is a streamlined process and will not take as much time or as much paperwork as your original application for Social Security Disability.

IRWE - Impairment Related Work Expenses

If you have special expenses (special transportation, etc.) because of your illness, SSA can deduct that from the amount that you earn, in order to make the determination as to whether you are earning more than you are allowed to.

Overpayments

Very often, the Social Security Administration continues to send checks long after they should have cut you off. Later, the Social Security Administration is likely to ask you to pay back the money that you received for months that you should not have been paid. If you are asked to repay ANY money to the Social Security Administration, you should be aware that you have the right to ask that the Social Security Administration waive the overpayment. You will have to show that it would be unfair to make you pay back. In order to do this, you will have to show that it was not your fault that you were overpaid and that you informed the Social Security Administration promptly when you returned to work. For this reason, I advise anyone returning to work to notify SSA in writing, by certified mail return receipt requested -- AND SAVE THE RECEIPT. You will have clear proof that you fulfilled your duty to notify SSA and that the overpayment was not your fault. This will not guarantee that you do not have to pay the money back, but it increases the odds tremendously.

Just remember that Social Security and other government programs were established to help people just like you. The system is not perfect, but Work Incentives allow you to give yourself a chance to figure out what works for you.