SSDI Trial Work Period in New Mexico

Returning to work after a disability can feel like a gamble — especially when your Social Security Disability Insurance (SSDI) benefits are on the line. The Social Security Administration (SSA) has a structured program designed to protect you during this transition: the Trial Work Period (TWP). Understanding how it works in New Mexico can mean the difference between a successful return to employment and an unexpected loss of income.

What Is the SSDI Trial Work Period?

The Trial Work Period is a nine-month window during which you can test your ability to work while continuing to receive full SSDI benefits — regardless of how much you earn. The SSA does not penalize you for working during this period, even if your income exceeds the Substantial Gainful Activity (SGA) threshold.

Key facts about the TWP:

• You receive nine trial work months, which do not have to be consecutive
• The nine months are counted within a rolling 60-month (five-year) period
• In 2024, a month counts as a trial work month if you earn more than $1,110, or if you are self-employed and work more than 80 hours in that month
• Your disability benefits continue in full throughout all nine months

Once you have used all nine trial work months, the SSA evaluates whether your work constitutes Substantial Gainful Activity. If it does, your benefits may be discontinued — but only after an additional grace period.

How the Trial Work Period Operates in New Mexico

New Mexico residents receiving SSDI benefits are subject to the same federal SSA rules that govern the Trial Work Period nationwide. However, the New Mexico Disability Determination Services (NMDDS) office in Albuquerque handles many of the administrative aspects of disability claims in the state, and communication with this office is critical when your work status changes.

If you are working or plan to return to work while receiving SSDI in New Mexico, you are legally obligated to report your work activity to the SSA promptly. Failing to report earnings — even during the Trial Work Period — can result in overpayments that the SSA will demand be repaid. In some cases, it can lead to allegations of fraud.

New Mexico has a relatively high rate of SSDI recipients in rural areas, including communities in the Rio Grande Valley, along the border, and in Native American tribal nations. If you live in a rural or remote area of New Mexico, it is worth knowing that you can report work activity online through your my Social Security account, by phone at 1-800-772-1213, or by visiting your nearest SSA field office in Albuquerque, Santa Fe, Las Cruces, or Farmington.

After the Trial Work Period: The Extended Period of Eligibility

When your nine trial work months are exhausted, the SSA enters a review phase. If the agency determines you are engaging in Substantial Gainful Activity — earning more than $1,550 per month in 2024 (or $2,590 if you are blind) — your cash benefits will stop. However, your case does not simply close.

You then enter the Extended Period of Eligibility (EPE), which lasts 36 months. During the EPE:

• Your SSDI benefits can be reinstated in any month your earnings drop below the SGA level
• You do not need to file a new application
• Medicare coverage generally continues for at least 93 months after your Trial Work Period ends, regardless of whether you are still receiving cash benefits

This extended safety net is particularly important for New Mexico residents who work in seasonal industries — such as agriculture, tourism, or construction — where income can fluctuate significantly from month to month.

Expedited Reinstatement: A Critical Backstop

If your SSDI benefits are terminated and your Extended Period of Eligibility has also expired, you may still have options. The SSA's Expedited Reinstatement (EXR) provision allows you to request reinstatement of your benefits within five years of termination if your medical condition once again prevents you from working at the SGA level.

Under EXR, you can receive up to six months of provisional benefits while the SSA reviews your reinstatement request. This temporary payment provides a financial bridge while your case is being processed — a critical protection given that full disability redeterminations can take many months in New Mexico.

To request expedited reinstatement, contact your local SSA office or file a request using Form SSA-371. A disability attorney can help you build the strongest possible case for reinstatement, including gathering updated medical records from New Mexico providers.

Common Mistakes New Mexico SSDI Recipients Make During the TWP

The Trial Work Period is filled with procedural traps that can result in serious financial consequences. The following mistakes are among the most common:

• Failing to report work promptly: The SSA must be notified when you begin working, not at the end of the month or year. Delays create overpayments.
• Misunderstanding what counts as a trial work month: Any month you earn over the monthly threshold counts — even if you only worked a few days.
• Assuming benefits stop automatically: Benefits do not stop on their own after nine months. You must be formally notified of a cessation decision, and you have the right to appeal.
• Not using Ticket to Work: The SSA's Ticket to Work program offers free employment support services and, under certain conditions, can provide additional protections during your return-to-work attempt. New Mexico has approved Employment Networks and State Vocational Rehabilitation services available through the New Mexico Division of Vocational Rehabilitation.
• Missing appeal deadlines: If the SSA stops your benefits and you disagree, you have 60 days (plus five days for mailing) to file a Request for Reconsideration. Missing this deadline can be catastrophic.

The rules governing the Trial Work Period are detailed and strictly applied. Even a single missed deadline or unreported paycheck can create a debt to the federal government that disrupts your financial stability for years. Consulting with an experienced SSDI attorney before you return to work — or as soon as an issue arises — is the most effective step you can take to protect your benefits.

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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