Can the Commissioner grant a new trial work period?

Beneficiary/Advocate · Joined: 26 Jan 2005 Posts: 61 Location: Maryland

As I've written here before, I supposedly used up my trial work period in 1987, yet haven't worked at SGA since. I am probably about to start a contract that could put me over SGA if I don't have enough deductions in IRWES or business expenses. I believe I should be entitled to a new trial work period for a variety of obvious reasons, so I'm wondering if the COSS has the authority to grant a new trial work period under such circumstances. I asked this of an assistant to one of the assistant Commissioners and he thought he might but wasn't sure.

If the COSS cannot or will not grant a new TWP in response my petition, could Congress conceivably do this, in some relatively simple way? Maybe like the Beneficiary/Advocate (would use my real name) Act to rectify an irrational and patently unfair policy loophole, in clear contravention to Congress's explicit intent?

If none of these things are possible and I go over SGA and thereby lose SSDI, possibly Medicare, possibly Medicare part D, possibly SSI, possibly Medicaid and likely other benefits, I plan to appeal that decision as far as I can pursue it. I've been told by local SSA, though, that even if I appeal, my checks (and maybe Medicare or the other things I mentioned) along with it. Is this the case? If so, is that policy itself appealable, or could I seek an injunction in some court to block SSA from taking such actions until my appeal has been adjudicated? I might argue, for instance, that if my checks are stopped, it effectively vitiates my right to appeal.

I am told that the COSS is very interested in simplifying the work incentives (really disincentives) and make them fairer and more incentives than the disincentives they now are. I've heard similar noises going back several years now, but almost nothing changes, and when it does it is at a glacial pace. I'd like to find out if the COSS is willing to, even in a small way, put his mouth where his words are.

Thanks for any insights