Can I Work While on SSDI in Maine?

Many Social Security Disability Insurance (SSDI) recipients in Maine wonder whether they can return to work without losing their benefits. The answer is yes, but with important limitations and requirements. The Social Security Administration (SSA) has established specific rules governing work activity for SSDI beneficiaries, designed to encourage those who are able to attempt a return to the workforce while protecting their benefits during the transition.

Understanding these rules is essential before accepting any employment, as earning too much money can jeopardize your disability benefits. However, the SSA also provides several work incentive programs specifically designed to help beneficiaries test their ability to work without immediately losing their financial support.

Understanding Substantial Gainful Activity (SGA)

The primary concept governing work while on SSDI is Substantial Gainful Activity (SGA). For 2024, the SSA defines SGA as earning more than $1,550 per month for non-blind individuals and $2,590 per month for those who are blind. These figures are adjusted annually for inflation.

If you earn above the SGA threshold, the SSA generally considers you capable of substantial gainful activity, which may result in the termination of your SSDI benefits. However, this determination is not always immediate, and several work incentive programs exist to protect beneficiaries during work attempts.

The SSA considers your gross earnings before taxes and deductions when calculating whether you have engaged in SGA. In Maine, as in all states, this calculation includes wages from employment, net earnings from self-employment, and certain other payments. The SSA may also deduct certain impairment-related work expenses, which can help keep your countable earnings below the SGA level.

The Trial Work Period: Your Safety Net

The Trial Work Period (TWP) is perhaps the most important work incentive for SSDI beneficiaries. During a TWP, you can test your ability to work for at least nine months without losing your benefits, regardless of how much you earn. These nine months do not need to be consecutive; they can occur over a rolling 60-month period.

For 2024, any month in which you earn more than $1,110 or work more than 80 self-employed hours counts as a trial work month. The advantages of the TWP include:

• You continue receiving full SSDI benefits during all nine trial work months
• You can stop working at any time if your medical condition worsens
• Your benefits remain secure regardless of your earnings during this period
• You maintain Medicare coverage throughout the TWP

Maine residents should document their trial work months carefully, keeping detailed records of earnings and hours worked. Once you have used your nine trial work months, you cannot receive another TWP until you have been off SSDI for at least five years and requalify for benefits.

The Extended Period of Eligibility

After completing your Trial Work Period, you enter a 36-month Extended Period of Eligibility (EPE). During this phase, the SSA will evaluate whether your work activity constitutes substantial gainful activity on a month-by-month basis.

During the EPE, your benefits work as follows:

• If your earnings are below the SGA level in any month, you receive your full SSDI payment for that month
• If your earnings exceed SGA, you will not receive benefits for that month
• However, if your earnings drop below SGA again during the 36-month EPE, your benefits can resume without filing a new application
• You receive a three-month grace period at the beginning of the EPE during which you receive benefits regardless of earnings

This flexibility allows Maine workers to attempt employment with reduced risk. If your disability prevents you from sustaining work above the SGA level, your benefits can be reinstated quickly during the EPE without going through the lengthy initial application process.

Expedited Reinstatement of Benefits

If your benefits terminate after the Extended Period of Eligibility ends but you find yourself unable to work within five years due to your disability, you may request Expedited Reinstatement (EXR). This provision allows you to have your benefits reinstated without filing a completely new application.

To qualify for EXR in Maine, you must:

• Request reinstatement within 60 months of your benefits ending
• Be unable to perform substantial gainful activity due to your previous impairment or a related condition
• Meet the disability requirements under SSA rules

While the SSA processes your EXR request, you can receive up to six months of provisional benefits. This safety net provides crucial financial support during the determination period, which is particularly valuable for Maine residents facing the state's higher-than-average heating costs and rural living expenses.

Reporting Requirements and Practical Considerations

You must report all work activity to the SSA promptly. Failure to report work can result in overpayments that you will be required to repay, sometimes years later with significant financial consequences. In Maine, beneficiaries can report work activity by calling their local Social Security office, using their online my Social Security account, or visiting an office in person.

Before accepting employment, consider these practical steps:

• Contact the SSA to inform them of your intention to work and ask how it may affect your specific situation
• Keep detailed records of all earnings, work hours, and work-related expenses
• Consult with a disability attorney who understands both federal SSDI rules and Maine-specific considerations
• Maintain documentation of any impairment-related work expenses that might be deductible
• Understand that Medicare coverage continues for at least 93 months after the trial work period ends if you lose SSDI due to work

Maine's economy includes significant seasonal employment in tourism, agriculture, and fishing industries. If you are considering seasonal work while on SSDI, remember that the SSA evaluates each month individually during the EPE, which may make seasonal employment a viable option for some beneficiaries.

The interaction between SSDI work rules and Maine's workers' compensation system, state disability programs, and employer accommodations under the Americans with Disabilities Act can be complex. An experienced disability attorney can help you navigate these overlapping legal frameworks to maximize your financial stability while attempting to return to work.

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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