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The Law Offices of Martin Taller
Call to speak to us now: 714-450-6689
Free consultations. Se Habla Español
Call to speak to us now
Free consultations. Se Habla Español

The relationship between returning to work and SSD benefits

As California residents are probably aware, Social Security Disability benefits are available to individuals who are unable to earn a substantially gainful income for more than a year because of a disability that is expected to last for more than a year. To receive them, however, the applicant must apply and provide the required medical and financial evidence of their condition and situation and there is no guarantee that their claim is accepted. In fact, as discussed many times previously, a claim is often denied the first time around.

The Social Security Administration encourages recipients of SSD benefits to return to work and offers incentives accordingly. This is because there is no requirement that once someone receives benefits they cannot return to the workforce. But once you start working and realize that your disabling condition is preventing you from continuing, do you have to apply for SSD benefits again?

One of the incentives the SSA provides is to allow trial work periods. For example, there is a nine-month trial period in 60 months in which a beneficiary could return to work and begin earning an income that would not affect their SSD benefits. An added benefit is that these months do not have to be consecutive. However, if the amount received exceeds the substantial gainful activity, then the SSD benefits may end in the tenth month. Additionally, if someone works past the required time but needs SSD benefits in the next five years, they do not need to reapply-they can file for an expedited reinstatement any time within the next five years.

SSD beneficiaries should not hesitate from joining the workforce because they are afraid they would not be able to handle their jobs with their disabling conditions-these trial periods provide ample opportunities for beneficiaries to get used to their jobs and determine if they can work or not. It may be beneficial to consult an experienced attorney to avail these incentives.

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The Law Offices Of Martin Taller

2300 E. Katella Ave. Suite 440
Anaheim, CA 92806

Toll Free: 800-304-4404
Phone: 714-450-6689
Fax: 714-385-8123
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