Working While Receiving SSDI Benefits in Virginia

Many Social Security Disability Insurance (SSDI) recipients in Virginia wonder whether they can work while receiving benefits. The short answer is yes, but with important limitations and considerations. Understanding the Social Security Administration's rules about work activity is crucial to maintaining your benefits while exploring your capacity to return to the workforce.

The Social Security Administration recognizes that disability is not always absolute and permanent. Some beneficiaries may want to test their ability to work or engage in limited employment. The SSA has established specific programs and thresholds to accommodate these situations while protecting your benefit status.

Understanding Substantial Gainful Activity (SGA)

The most critical concept when considering work while on SSDI is Substantial Gainful Activity (SGA). The SSA uses SGA as a threshold to determine whether work activity is significant enough to indicate you are no longer disabled. For 2024, the SGA limit is $1,550 per month for non-blind individuals and $2,590 for those who are statutorily blind.

If your earnings exceed these amounts, the SSA may conclude that you are engaging in substantial gainful activity and could terminate your benefits. However, the calculation is more nuanced than simply looking at your gross wages. The SSA considers several factors when evaluating your work activity:

• The nature and quality of your work performance
• Whether you require special assistance or accommodations
• Hours worked compared to others in similar positions
• Impairment-related work expenses that can be deducted from earnings
• Whether your work is comparable to that of unimpaired individuals

In Virginia, as in all states, these federal SGA limits apply uniformly. However, Virginia's cost of living and wage structures may affect how quickly you approach these thresholds in different employment sectors.

The Trial Work Period: Testing Your Abilities

One of the most valuable protections for SSDI beneficiaries who want to try working is the Trial Work Period (TWP). This program allows you to test your ability to work for at least nine months without risking your benefits, regardless of how much you earn during those months.

The trial work period does not need to consist of consecutive months. Any month in which you earn more than $1,110 (2024 threshold) or work more than 86 hours in self-employment counts as a trial work month. Once you accumulate nine trial work months within a rolling 60-month period, your trial work period ends.

During your trial work period, you continue receiving full SSDI benefits regardless of your earnings. This provides a safety net for Virginia residents who want to return to work but remain uncertain about their long-term capacity to sustain employment given their medical conditions.

The Extended Period of Eligibility

After your trial work period concludes, you enter what the SSA calls the Extended Period of Eligibility (EPE), which lasts for 36 consecutive months. During this phase, you will receive SSDI benefits for any month your earnings fall below the SGA threshold, and you will not receive benefits for months where earnings exceed SGA.

This period provides significant flexibility for individuals whose conditions may cause fluctuating work capacity. If you work in Virginia's seasonal industries or have medical conditions that affect your ability to maintain consistent employment, the EPE allows you to receive benefits during months when you cannot work at SGA levels.

Importantly, if your disability-related medical condition has not improved and you stop working or reduce earnings below SGA during the EPE, you can request reinstatement of benefits without filing a new application. This process, called Expedited Reinstatement, can be used within five years after benefits terminate.

Impairment-Related Work Expenses and Subsidies

The SSA recognizes that individuals with disabilities may incur special expenses necessary to work. Impairment-Related Work Expenses (IRWEs) can be deducted from your gross earnings when determining whether you have engaged in SGA. Examples include:

• Medical devices and equipment needed for work
• Modifications to your vehicle for transportation to work
• Attendant care services while at work
• Specialized work equipment or modifications
• Certain medications and medical supplies
• Residential modifications necessary for employment

Additionally, if you receive special assistance or accommodations that allow you to perform work that would otherwise be impossible, the value of this assistance may constitute a subsidy. The SSA can subtract the subsidy amount from your earnings when calculating SGA, potentially keeping you below the threshold even with higher gross wages.

For Virginia workers, documenting these expenses carefully is essential. Keep detailed records of all disability-related work expenses, including receipts, invoices, and written explanations of how each expense relates to your impairment and enables you to work.

Reporting Requirements and Protecting Your Benefits

If you receive SSDI benefits in Virginia and begin working, you have a legal obligation to report this activity to the Social Security Administration promptly. Failure to report work activity can result in overpayments that you will be required to repay, potentially with penalties.

You should report any work activity to the SSA within specific timeframes, generally by calling your local Social Security office or reporting online through your my Social Security account. When reporting, provide information about:

• Your employer's name and address
• The date you started working
• Your job duties and hours worked
• Your gross wages or net earnings from self-employment
• Any impairment-related work expenses you are incurring

The SSA will evaluate your work activity and inform you of any impact on your benefits. Being proactive in reporting work activity demonstrates good faith and helps prevent overpayments that can create significant financial hardship.

Virginia residents should also be aware that returning to work may affect other benefits tied to SSDI eligibility, such as Medicare coverage. Generally, Medicare continues for at least 93 months after your trial work period ends, providing extended health coverage as you transition back to work.

Working while on SSDI requires careful navigation of complex federal regulations. The interplay between trial work periods, extended eligibility periods, SGA thresholds, and work incentives creates both opportunities and risks. Understanding these rules allows you to maximize your financial security while exploring your capacity to return to meaningful employment despite your disability.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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