Posted: Sat Jul 05, 2008 03:48 am Post subject: SSDI recipients' benefits reduced if working?
I just read that SSDI recipients who return to work will lose a dollar of benefit money for every dollar they earn at work. Is this true? I've read about SSDI and work rules in great detail and have never heard this.
Please consider my example: An SSDI individual goes back to work part-time as a self-employed person not using Ticket to Work and earns say, $5K for the year. If the above is true, and the recipient received $12K a year in SSDI benefits, then the person's income for the year would basically be $12K plus $5K, then minus the $5K equals $12K. ??? If this IS true, then I don't get how this is possibly an "incentive".
I'm sure I'm very confused. Please keep answers simple. Thanks so much.
The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.
Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.
Supplemental Security Income pays benefits based on financial need.
Unlike SSI, in the Disability Insurance Program (DIB) there is no monthly reduction in benefits, but pay attention to the trial work limitations which are used to cease benefits. (Trial work does not apply to SSI).
Also be aware of the unsuccessful work attempt provisions.
This may help with your research.
Quote:
Under the disability provisions of the law, except within the trial work period (TWP) provisions and section 1619 of the Social Security Act, if you are engaging in substantial gainful activity (SGA) you are not eligible for payment of disability benefits. (See Social Security Ruling (SSR) 83-33, Program Policy Statement (PPS)-107, Determining Whether Work Is Substantial Gainful Activity—Employees, regarding evaluation of work activity of employees. See SSR 83-34, PPS-108, Determining Whether Work Is Substantial Gainful Activity—Self-Employed Persons, regarding evaluation of work activity of self-employed persons.) The UWA concept was designed to provide us an equitable means, in making SGA determinations, to disregard relatively brief work attempts that do not demonstrate sustained SGA. We will not consider work we determine to be an UWA as substantial gainful activity when we determine if you are under a disability or when we determine if your disability has ceased.
You may find it helpful to follow all of the hyper links within the original documents and read everything.
Please note that many people get SSI and DIB benefits. This makes a convoluted mess of employment, monthly payments, reporting requirements, Medicaid eligibility, and a host of other issues. If you are in that boat it is likely that you will not be able to figure out a reliable answer to your questions online. At a minimum contact your social security office, make an appointment, and go in and discuss your issues. Be sure to keep written notes of whom you spoke with, when, where, and what was said. Get as much in writing as you can.
Also, if you are a representative or attorney before you do anything else, buy Tom Bush's book and read it all. End to end. This is not a bad idea for claimants and beneficiaries too. It is well worth the price and it will answer all of your questions. http://www.jamespublishing.com/books/SSD.htm It probably wouldn't kill you to read my book too. You may also wish to check all the references to the Code of Federal Regulations (CFR) against Lexis or Westlaw. SSA's online Regulations are not reliably up to date although the language in the Rulings is okay.
The magazine article in question is over 2 years old. It represents a rather remarkable misreading of an academic paper (also over 2 years old) having to do with a particular proposal. Perhaps the most misleading paragraph in the whole magazine article is this one:
Quote:
One feature of SSDI is that it has an implicit 100% tax on earnings. If an individual is on the SSDI rolls and makes somewhat of a recovery and is able to work part time, any earned income will reduce the person’s SSDI benefits dollar for dollar. Thus, these individuals have no incentive to work even if they make a recovery.
The magazine article links to the academic paper. This academic paper is 35 pages long. But we don't have to get past the first couple of pages to see that this academic paper does recognize the current rules. Thus, from the bottom of page 1 ff.:
Quote:
Under the current law SSDI recipients who return to work during a 9 month trial work period (TWP) face no loss of benefits. However, continued work beyond the TWP (and an additional three-month grace period) that results in earnings higher than the SGA ceiling will result in termination from the rolls.
This omits some complications. But at bottom, it's correct. Continuing, the academic paper explains the effect of a PROPOSED change:
Quote:
Under the $1 for $2 benefit offset, an SSDI recipient who earns more than the SGA after the TWP would not be terminated from the rolls. Instead their DI benefits would be reduced by $1 for every $2 earned above the SGA disregard. In simple terms, the $1 for $2 amounts to replacing the current 100% forfeiture of benefits due to earnings in excess of SGA, with a 50% surtax.
The academic paper does recognize the difference between the two programs DT talked about. Thus, from page 2:
Quote:
The $1 for $2 offset has already been implemented for the Supplemental Security Income (SSI) program .
. . .
On that same page are two sentences that might be taken as summarizing the motivation for the proposed change in rules:
Quote:
The idea of extending the $1 for $2 offset to the SSDI program is extremely popular with disability advocates. They claim that the threat of loss of benefits due to earnings in excess of the SGA after the TWP is the primary reason why those SSDI beneficiaries who are able to return to work, do not do so.
I didn't get much past this point in the academic paper. _________________ I've posted this in my private capacity. What I post might be wrong. Probably, it IS wrong. Any errors are my own. Please don't infer any SSA approval for what I post.
"This omits some complications. But at bottom, it's correct. Continuing, the academic paper explains the effect of a PROPOSED change:
Quote: Under the $1 for $2 benefit offset, an SSDI recipient who earns more than the SGA after the TWP would not be terminated from the rolls. Instead their DI benefits would be reduced by $1 for every $2 earned above the SGA disregard. In simple terms, the $1 for $2 amounts to replacing the current 100% forfeiture of benefits due to earnings in excess of SGA, with a 50% surtax."
Are they still considering the implementation of this proposal today?
Also you wrote:
"Quote: The idea of extending the $1 for $2 offset to the SSDI program is extremely popular with disability advocates. They claim that the threat of loss of benefits due to earnings in excess of the SGA after the TWP is the primary reason why those SSDI beneficiaries who are able to return to work, do not do so."
I'm not certain why this is so popular among disability advocates, as it's my understanding that;
1) The threat of losing SSDI benefits occurs well before the issue of SGA even surfaces. As soon as you're even contemplating a return to work which you report, there is a threat. I doubt there are hardly any recipients who successfully make it through any of the current stages of the work incentives without losing their benefits.
2) The threat of the loss of Medicare would be an even bigger issue, which I'm assuming they do not address in the proposal. If they don't include it, then in my mind this is a very incomplete proposal. I guess they're assuming that those who return to work will have their healthcare paid for by an employer. This is erroneous, as I doubt that there are many jobs today that will pay an employee's health insurance if they only work part-time. Also, this leaves out the self-employed who have to incur this cost themselves.
Just temp has a good grasp of the uncertainty surrounding return-to-work issues for the disabled under DIB (Title II).
The way I explain it to my clients is along these lines. First, I explain the trial work provisions and the less-than-SGA monthly trigger for each month of trial work. So, every month in which a person earns $670 or more rings the bell for one month of trial work as of 2008 (the amount changes every year). Ring the bell 9 times in any 60 month period and the benefits cease. http://www.ssa.gov/OACT/COLA/twp.html Often beneficiaries are incorrectly informed by SSA offices that the bell is rung at the $940 SGA amount. http://www.ssa.gov/OACT/COLA/sga.html Thus, they get screwed after nine-months of reliance upon erroneous information.
I also explain that even if a beneficiary stays below $670 in earnings (the 2008 number) they are not safe. State DDS offices perform continuing disability reviews on a regular basis as they are required to do by law. DDS offices often look at the work performed and factor that in as an element to cease benefits based upon a new finding of residual functional capacity (RFC). http://tinyurl.com/6hareo The local DDS then use the new RFC to cease benefits. Similarly, if the claim was originally paid under a listing, DDS offices often use the demonstrated work functioning to show that a listing is no longer met or equaled. http://tinyurl.com/5a6spo
So, it all comes down to this. If you (the beneficiary) feel that you have recovered well enough to return to full time work with benefits, you should do so. You will make more money, your life will be richer, and you won't have to watch T.V. so much. On the other hand, if you cannot live without Medicare, if you are not sure about your capacity to work on a sustained full-time basis until you reach retirement age, then you have to do a very careful risk analysis with not too much information. The assumption is, sadlly, that you will be ceased from disability benefits if you show any new capacity for work.
It is not fair, it is not good public policy, but that's the risk one has to assess. Work at all and risk it all. For many it is worth the risk. For most it is a very bad bet.
Universal health care will change this risk calculus significantly by de-linking health care from disability status. Until then, the value of the Medicare is so great that it is unwise to risk it at all under any circumstances. Reliably fair assessment of claims by DDS offices would also significantly change the calculus in favor of working, but that's never going to happen in our lifetimes. _________________ David Traver
Attorney
Traver & Traver, S.C.
P.O. Box 188
North Prairie, WI 53153-0188
262-594-2096
http://ssaconnect.com http://traverlaw.com https://germaniapublishing.com http://www.jamespublishing.com/books/ssr.htm
You asked a question directly of me. The courtesy of your inquiry obligated an attempt to respond. I want to avoid anything anecdotal. I also want to focus directly on your question. Sadly, this leaves me mostly admitting ignorance. But maybe we can set some boundaries on this ignorance.
Your specific question to me was this:
Quote:
Are they still considering the implementation of this proposal today?
There are three groups or entities eligible as the target reference for the "they" who might be considering things:
1. The authors of the paper at issue. There were three of them, all associated with different universities. Perhaps these guys are still considering the proposal two years after publishing their paper. I don't think this matters much.
2. The Commissioner of SSA. The Social Security Act gives the COSS very broad powers to issue regulations. But the one thing about the proposal of which I'm fairly sure is that it couldn't be done by regulation alone. The proposal would require amending the Social Security Act. As the head of the agency tasked with implementing and administering the provisions of the Act, the COSS is not without some influence for legislation. But I don't recall that COSS Astrue has mentioned this proposal in any of his recent appearances on the Hill.
3. The Congress. I claim deep ignorance of what proposals might be bouncing around the halls of Congress. But I am inclined to think that just as soon as anything like a serious new change to the Act got close to the surface, we'd learn about it, probably first on CT Hall's blog. I don't recall that CTH has said anything about this.
There you are. Over 250 words that could have been reduced to this: Probably not, but I don't know for sure. _________________ I've posted this in my private capacity. What I post might be wrong. Probably, it IS wrong. Any errors are my own. Please don't infer any SSA approval for what I post.
Posted: Mon Jul 14, 2008 10:35 pm Post subject: Trial Work and SGA
This is in response to David Traver to add some twists to what he said. You use up your trial work months if during 9 months in a 60 month period you gross the service month amount, which is $670 this year. Once you complete 9 months, you stop rolling over and the trial work months are there forever. Before that the oldest ones drop off. Your extended period of eligibility starts the month after you completed your trial work month. Your disability does not cease until your first month at an sga level ($940 this year). It can cease years after your trial work period ended and after your EPE (extended period of eligibility) is over, meaning you have to file a new application when you stop work to prove again that you are eligible for benefits.
You can post new topics in this forum You can reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
Traverlaw, Traver Law, Traver Law Offices, S.C., Traver & Traver, S.C.,
Traverlaw.com, SSAConnect,
Attorneys for the disabled and disadvantaged in all areas of Social Security
disability law, http://traverlaw.com,
http://ssaconnect.com, Connect, SSA Connect, Think Bigger,
Social Security Advice Connect, Social Security Disability Advice Connect,
"Social Security Disability Advocacy, Debate, and Professional News,"
the yellow and orange swoosh image, and the square favicon.ico image,
are trademarks and service marks of Attorney David F. Traver.
For information the about use of this copyrighted and trademarked material call
262-594-2096.