Can I work and still receive SSDI benefits?

This is a frequent question we get from clients. The Social Security Administration encourages individuals to try to return to work.  The Trial Work Period “TWP” allows you to return to work for a period of 9 months (and not necessarily consecutive months) during a 60-month period and still receive your SSDI benefits. A trial work period will commence after you are found disabled, and when you “perform services” in any given month. In 2011, you are considered to be performing services in a month in which your earnings exceed $720.

After your TWP ends, you begin what SSA calls an Extended period of eligibility or EPE (unless SSA determines that you have medically improved.). The EPE is a 36-month period during which Social Security will monitor your earnings. You will receive benefits for those months that you do not earn SGA or Substantial Gainful Activity (SGA for 2011 is $1000.00 per month) and you continue to have a disabling impairment. During the EPE you will not have to file a new claim for benefits if your earnings fall below the SGA level. After the 36-month period ends and you perform SGA, your benefits will stop. At this point, you have 5 years in which to file for an expedited reinstatement of your benefits, should you stop work due to your impairment.  The time frames can be confusing and you should consult with your attorney if you have questions.

Medical reports

Since the claimant has the burden of proving disability in a social security case, it is very important to have medical reports and a Medical Source Statement or Residual Functional Capacity form, that list specific restrictions, that are supported by the medical record.

I often receive notes from treating physicians indicating the claimant "can not work" or is "totally disabled". Unfortunately, such opinions are not binding on the Social Security Administration and do little to help the claimants case.

Social Security is required to give controlling weight to the opinion of a treating phyisician regarding claimant's limitations only if that opinion is supported by "medically acceptable clinical and laboratory diagnostic techniques" and "not inconsistant with the other substantial evidence" in the record. Factors considered incluse the length and frequency of the treatment, the nature and extent of the treatment relationship, the physician's speciality and the consistancy of the opinion to the record.

It is very helpful if the treating physician completes a Medical Source Statement(MSS) or Residual Functional Capacity form (RFC) in addition to providing copies of medical records, and test results. These forms address specific limitations and help the ALJ interpret the medical evidence.