Call Us Now For A Free Consultation (704) 412-4773

Lund Law Carolina
Lund Law Carolina

Call Us Now For A Free Consultation

(704) 412-4773

Why Being Approved May Not Be For Life

In this article, you will learn:

  • The length of approval and how it can be revoked
  • Way to avoid jeopardizing benefits while returning to work
  • How you may be able to receive SSI and SSDI simultaneously

Some cases are marked as cases where medical improvement is expected. Some cases are marked where medical improvement is not expected, and those are cases that are usually going to continue to receive benefits throughout their lifetime. For those who have conditions that Social Security would expect to see improve with normal medical treatment, they are probably going to have to go through a Continuing Disability Review at some point in the course of their life.

A Safe Way To Go back To Work So Without Jeopardizing Benefits

Social Security really wants to make it as easy as possible for people to either transition back into work or have that opportunity to try it. Their goal, in the end, is to have people who are receiving these benefits come off disability and go back into the workforce.

Disabled individuals pay take advantage of what is called a Trial Work Period, which, over the lifetime of a claim, allows for that individual to work for nine months and not lose access to their benefits. They don’t have to be nine contiguous months, and earnings don’t necessarily matter during that time. Then, if after a few months, that individual realizes that this new job is taking too much of a toll on their body or their health, they can stop working and then continue to receive disability benefits.

Some may be able to participate in a separate program called a Ticket to Work, which again, involves being able to go out and access the opportunity to return to work without jeopardizing the long term availability of benefits.

There is also a large portion of our clients who are in the situation where they realize that they can’t go hold down a regular 40 hour a week job because of their health and may never return to the full-time workforce, but are able to do some work of value, and part time work doesn’t necessarily eliminate the possibility of receiving a disability benefit. Social Security looks at the amount the individual is earning. In 2022 the Substantial Gainful Activity (SGA) level is $1350 before taxes. If an individual works and earns under that amount, then they can continue to receive benefits.

Some conditions also come and go, so considerations are made for those as well. Someone receiving disability may decide to return to work but then have a recurrence of their health issues. Although their benefits may have stopped, they also may not have to wait through the entire disability evaluation process to get their benefits back. They may be eligible for Expedited Reinstatement.

Receiving Both SSI And SSDI At The Same Time

This depends on the amount of the SSDI benefit and when the application for disability and SSI benefits was initially filed. For most folks who have concurrent claims (both Social Security Disability and SSI pending at the same time), that SSDI benefit is going to end up being high enough that the income makes them not eligible for SSI. SSI in 2022 is capped at $841 in a month. If your SSDI benefit is $900 a month, you are not going to get any SSI on top of that. It’s just going to be that SSDI benefit.

If, however, you filed immediately upon going out of work, you may be able to receive SSI during what is a five-month waiting period after leaving work and filing for disability. For those first 5 full months, you are not eligible for SSDI benefits by law, but you can be eligible for SSI.

For more information on Getting Approved For SSDI Benefits, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 412-4773 today.

Lund Law Carolina

Call Us Now For A Free Consultation
(704) 412-4773

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