Can I Work While on SSDI? Idaho Legal Guide

Social Security Disability Insurance (SSDI) provides critical financial support to individuals who cannot work due to a qualifying disability. However, many Idaho residents receiving SSDI benefits wonder whether they can engage in any work activity without jeopardizing their benefits. The answer is nuanced and depends on several factors, including how much you earn and the nature of your work activity.

Understanding the rules surrounding work and SSDI is essential for anyone currently receiving benefits or considering returning to work. The Social Security Administration (SSA) has established specific programs and income thresholds designed to encourage beneficiaries to attempt work when possible, while protecting their benefits during the transition.

Understanding Substantial Gainful Activity

The cornerstone concept determining whether you can work while receiving SSDI is Substantial Gainful Activity (SGA). The SSA defines SGA as work activity that involves performing significant physical or mental duties for pay or profit. For 2024, the monthly SGA limit is $1,550 for non-blind individuals and $2,590 for those who are statutorily blind.

If your earnings exceed the SGA threshold, the SSA generally considers you capable of substantial gainful activity, which could result in the termination of your SSDI benefits. However, the SSA does not count all income toward the SGA limit. They exclude certain expenses related to your disability, such as:

• Impairment-related work expenses (medical devices, specialized transportation, or modifications needed to work)
• Subsidies or special assistance you receive that artificially inflates your earnings
• Unincurred business expenses if you are self-employed
• Blind work expenses for beneficiaries who are blind

Idaho residents subject to the same federal SGA limits as beneficiaries in other states, as SSDI is a federal program administered uniformly across the country.

Trial Work Period: Testing Your Ability to Work

The SSA recognizes that many disabled individuals may want to test their ability to work without immediately losing their benefits. The Trial Work Period (TWP) is a provision that allows you to work for up to nine months (not necessarily consecutive) within a rolling 60-month period without affecting your SSDI benefits, regardless of how much you earn.

For 2024, a trial work month is any month in which your earnings exceed $1,110 or, if self-employed, you work more than 80 hours in your business. During the TWP, you continue receiving full SSDI benefits even if your earnings exceed the SGA level. This period provides a valuable safety net for Idaho residents who want to explore employment opportunities without the immediate risk of losing their income support.

Once you complete your nine trial work months, the SSA will evaluate whether your work activity constitutes SGA. If your earnings consistently exceed the SGA threshold, your benefits will eventually cease, but not immediately.

Extended Period of Eligibility and Continuing Benefits

After your Trial Work Period ends, you enter the Extended Period of Eligibility (EPE), which lasts for 36 consecutive months. During this period, you will receive SSDI benefits for any month your earnings fall below the SGA level and will not receive benefits for months when earnings exceed SGA.

This provision offers significant flexibility. If you experience fluctuations in your ability to work due to your disability, you can continue receiving benefits during months when you cannot maintain SGA-level employment. For Idaho residents working in seasonal industries or positions with variable hours, this provision can be particularly valuable.

During the EPE, you do not need to file a new application if your earnings drop below SGA. Your benefits automatically resume. Additionally, if your disability prevents you from continuing work within the EPE period, you can request reinstatement of benefits through the Expedited Reinstatement (EXR) process, which is faster than filing a new application.

Work Incentives and Support Programs

The SSA offers several work incentive programs specifically designed to help SSDI beneficiaries transition back to work. Idaho residents should be aware of these important programs:

• Ticket to Work Program: A voluntary program that connects beneficiaries with free employment services, vocational rehabilitation, and other support services. Participants receive protection from medical continuing disability reviews while actively using their ticket.
• Plan to Achieve Self-Support (PASS): Though primarily associated with SSI, some SSDI recipients also receive SSI and can use PASS to set aside income for work-related goals.
• Continued Medicare Coverage: Even after SSDI cash benefits end due to work, you can maintain Medicare coverage for at least 93 months after the trial work period ends.

The Idaho Division of Vocational Rehabilitation works in conjunction with federal programs to provide employment services to individuals with disabilities throughout the state. These services can include job training, placement assistance, and accommodations consultation.

Reporting Requirements and Potential Consequences

If you receive SSDI benefits and begin working, you have a legal obligation to report this work activity to the SSA promptly. Failure to report work activity can result in overpayments, which you will be required to repay, potentially with penalties. Idaho beneficiaries should report:

• When you start or stop work
• Changes in your work duties or hours
• Changes in your pay rate or income
• Any work-related expenses due to your disability

You can report work activity by calling the SSA, visiting your local Social Security office, or reporting online through your my Social Security account. Maintaining detailed records of your earnings, work hours, and disability-related work expenses is crucial should questions arise about your eligibility.

The SSA evaluates work activity on a case-by-case basis. Factors beyond raw earnings can affect determinations, including the nature and quality of your work, time spent working, and whether you receive special accommodations. Consulting with an experienced disability attorney before making significant employment decisions can help you understand how specific work opportunities might impact your benefits and ensure compliance with reporting requirements.

For Idaho residents receiving SSDI, returning to work is possible and encouraged through various protection mechanisms. Understanding SGA limits, utilizing trial work periods, and taking advantage of work incentive programs can help you maximize your financial security while exploring your capacity for employment.

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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