Make an Appointment with an Attorney

Schedule an appointment

(914) 684-2100

Employee Disability Benefit

By Stacy Sadove, Esq., Littman Krooks LLP

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are generally available to adults only when they cannot participate in a substantial gainful employment due to a disability. Sometimes beneficiaries want to try returning to work, but are concerned about losing their benefits. One option to transition from disability to working is to participate in the Ticket to Work Program.

Under the Ticket to Work program, which is free and voluntary, beneficiaries with disabilities can sign up with an approved service provider to get help find and maintain employment. Free services such as vocational rehabilitation, career counseling, training, job placement and continuing support services may be available.

Littman Krooks Special Needs Trusts WorkshopWhile a beneficiary is participating in the Ticket to Work program, a variety of work incentives may be available to maintain income and health insurance while testing the ability to return to work. The individual can continue to have access to Medicaid and/or Medicare, and some work incentives include the ability to continue receiving a portion of financial benefits for a period of time.

For example, one work incentive that applies to SSDI benefits, but not SSI benefits, is known as the Trial Work Period, which allows a beneficiary to return to work but not lose their benefits for the first nine months. The months do not have to be consecutive, but once nine months have been used in a five-year period, the Trial Work Period is exhausted and the SSDI benefits will end. However, even at the end of the Trial Work Period, the beneficiary will be considered to be in an “extended period of eligibility” for 36 consecutive months, during which eligibility for SSDI benefits is determined on a month-to-month basis, so it is still possible to receive benefits in months in which you earn less than the “substantial gainful activity” amount ($1,170 in 2017). Finally, anytime during the five years after benefits stop due to work activity, an individual is eligible for “expedited reinstatement,” which means that benefits can be restarted automatically for six months while Social Security processes an individual’s application for benefits.

Visit SSA.GOV to find more information.

Learn more about our estate planning, elder law,  special needs planning and special education advocacy services at www.littmankrooks.com, elderlawnewyork.com & specialneedsnewyork.com. Have questions about this article? Contact us.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.