Many recipients of Social Security Disability Insurance (SSDI) think that pursing even part-time work will jeopardize their benefits. Although the Social Security Administration (SSA) has a monthly income limit that may apply, it doesn’t mean you can’t work at all. At Nappa, Monterosso & Poznansky, LLP, our Staten Island Social Security Disability lawyers help workers in the greater NYC area understand SGA limits and SSA incentives that enable them to hold a job while protecting their SSDI payments.
Key Takeaways
- Under SSA rules, Substantial Gainful Activity (SGA) is work that involves significant physical or mental activity and is done for pay or profit. Exceeding SGA limits can affect your eligibility for Social Security Disability benefits in NY.
- The Trial Work Period (TWP) allows you to test your ability to work for a set number of months while still receiving SSDI benefits, regardless of how much you earn during that time.
- After the TWP ends, an Extended Period of Eligibility offers continued SSDI payments for a limited time.
- The SSA defines an Unsuccessful Work Attempt as a short effort to return to work, generally six months or less.
- Our Staten Island SSDI attorneys help you understand these complex rules before you start working so you don’t lose the benefits you rely on.
What Is Substantial Gainful Activity?
According to the SSA, work that involves significant physical or mental effort and is done for pay or profit is known as Substantial Gainful Activity (SGA).
The SGA Limit in NY
The SGA limit is a monthly earnings threshold that helps the Social Security Administration determine whether your work counts as substantial.
Generally, earning less than the SGA limit doesn’t affect your benefits. Earning more than the SGA limit in NY can put your SSDI benefits in danger, as it may indicate to the SSA that you’re able to work despite your disability.
It can be daunting to figure out how much you can work without putting your benefits at risk. Our Staten Island SSDI attorneys can help you understand how SGA limits apply to your specific situation and track your earnings.
The Trial Work Period
The SSA’s Trial Work Period (TWP) lets you test your ability to work for up to nine months without losing your SSDI benefits. There is no cap on how much you can earn during the TWP. These nine months don’t need to be consecutive and are counted within a rolling 60-month window.
A month counts toward your Trial Work Period if you earn more than a certain amount set by the SSA. If you’re self-employed and work more than 80 hours in month, that would apply to your TWP as well. Once you’ve used all nine months of your TWP, the SSA applies standard SGA rules and limits to determine your ongoing eligibility.
What Happens After the Trial Work Period?
After the Trial Work Period ends, you enter a 36-month Extended Period of Eligibility. During this time, you still receive SSDI benefits for any month your earnings fall below the SGA limit. If your earnings exceed the SGA limit, your benefits may stop for that month. However, they can restart without a new application if your income drops again.
What Does an Unsuccessful Work Attempt Mean?
An Unsuccessful Work Attempt is a return to work that ends because your disability forces you to stop or cut back, typically within a period of six months or less. It doesn’t endanger your SSDI benefits, as it shows that your condition still impacts your ability to work.
Tips for Working While on SSDI in NY
It’s vital to document everything if you decide to work while receiving SSDI benefits.
- Track your earnings closely. Exceeding the SGA limit for even a brief period of time can affect your benefits.
- Report any work activity to the SSA promptly, including start dates, hours, and pay.
- Keep records of any accommodations your employer provides. If your case is reviewed, providing this information can protect your benefits.
- Don’t assume a Trial Work Period month has passed without confirming it with the SSA.
- Speak to an experienced SSDI attorney before you start working, so you understand how it may affect your specific circumstances.
Why Choose Our Staten Island SSDI Lawyers?
Returning to work while receiving Social Security Disability involves convoluted rules that are easy to misunderstand. We know that an innocent mistake can put your peace of mind and financial security at risk. Our SSDI attorneys ensure you understand Trial Work Period rules and how SGA limits in NY apply before you accept a job.
As the largest workers’ compensation law firm in Staten Island, we have longstranding professional relationships with local SSA staff, judges, and other attorneys.
Our team brings more than three decades of experience to workers’ compensation and Social Security Disability cases in Staten Island and the greater New York City area.
Partner and attorney Rolando Cubela is fluent in Spanish and provides direct, personal service to our Spanish-speaking clients.
Contact an SSDI Attorney Near You Today
If you have questions about working while receiving SSDI or SGA limits in NY, Nappa, Monterosso & Poznansky, LLP, can help. Contact us or call 718-273-9000 today to schedule a free consultation with a SSDI lawyer near you in Staten Island. We serve clients throughout the greater New York City area.
Frequently Asked Questions about SGA Limits and Working on SSDI
Can I work part-time while receiving SSDI benefits in New York?
You can work while receiving SSDI, but your earnings must stay within specific SSA guidelines, which can be challenging to understand. That’s why it’s vital to consult a Social Security Disability lawyer before you begin working.
What if my health deteriorates after I return to work?
If your medical condition or disability stops you from working within five years of terminating your SSDI benefits, you can request Expedited Reinstatement from the SSA without filing a brand-new application.
How much does an SSDI lawyer cost?
Our Social Security Disability attorneys take cases on a contingency fee basis. This means you pay nothing upfront and we only get paid if they successfully recover benefits for you.
