Part-Time Work and SSDI Benefits in Wisconsin

Many Wisconsin residents receiving Social Security Disability Insurance (SSDI) wonder whether they can supplement their income with part-time work without losing their benefits. The answer is nuanced — federal law provides specific rules that allow you to work in a limited capacity while maintaining your SSDI, but the boundaries are strict and the consequences of crossing them can be severe. Understanding these rules thoroughly is essential before accepting any employment.

What Is Substantial Gainful Activity?

The Social Security Administration (SSA) uses the concept of Substantial Gainful Activity (SGA) to determine whether a person is working too much to qualify for or continue receiving SSDI. In 2024, the SGA threshold is $1,550 per month for non-blind individuals and $2,590 per month for those who are legally blind.

If your gross earnings consistently exceed the SGA limit, the SSA will generally determine that you are no longer disabled for purposes of receiving benefits. This applies regardless of whether you work full-time or part-time — it is the dollar amount that matters, not the number of hours you work per week.

Wisconsin residents should be aware that these are federal thresholds set by the SSA. There is no separate state-level SGA limit in Wisconsin. However, the way in which your employer classifies your wages, whether you receive tips, or whether you earn self-employment income can all affect how the SSA calculates your countable earnings.

The Trial Work Period: A Protected Window to Test Employment

One of the most valuable — and most misunderstood — provisions in SSDI law is the Trial Work Period (TWP). The TWP allows you to test your ability to work for a full nine months while continuing to receive your full SSDI benefit, regardless of how much you earn during those months.

A month counts as a trial work month in 2024 if you earn more than $1,110 in gross wages. The nine months do not need to be consecutive — they are counted within a rolling 60-month window. Once you have used all nine trial work months, the SSA will evaluate whether your work rises to the level of SGA.

For Wisconsin recipients who are considering testing the job market, the TWP is the appropriate vehicle to do so safely. Notify your employer of your situation and keep meticulous records of your earnings and hours. Do not assume the SSA is automatically tracking your work activity — you have a legal obligation to report it yourself.

Your Reporting Obligations Under Federal Law

One of the most common — and most costly — mistakes SSDI recipients make is failing to report work activity to the SSA in a timely manner. Federal law requires you to report any work you perform, including part-time jobs, self-employment, and freelance or gig work, even if your earnings fall below the SGA threshold.

Failing to report work can result in:

• Overpayment notices requiring you to repay months or years of benefits
• Suspension or termination of your SSDI payments
• In serious cases, allegations of fraud and civil or criminal penalties

You can report work activity by calling the SSA directly at 1-800-772-1213, visiting your local Social Security field office, or through your my Social Security online account. Wisconsin residents in the Milwaukee, Madison, Green Bay, or other metro areas can visit a local SSA office in person. Keep copies of everything you submit.

The Extended Period of Eligibility and Expedited Reinstatement

After your Trial Work Period ends, you enter a 36-month Extended Period of Eligibility (EPE). During the EPE, you will receive your full SSDI benefit in any month your earnings fall below the SGA level. In months where you exceed SGA, your benefit is withheld — but your eligibility is not permanently terminated unless you exceed SGA for a full continuous period.

If your condition worsens and your earnings drop below SGA after the EPE expires, you may be eligible for Expedited Reinstatement (EXR). EXR allows former SSDI recipients to request reinstatement of benefits without filing a new application, as long as the request is made within five years of termination and the same or related disabling condition is involved.

This protection is particularly important for Wisconsin workers in physically demanding fields — construction, farming, manufacturing — who may attempt to return to part-time light duty work but find their condition deteriorates over time. Knowing that EXR exists can make the decision to try working less daunting.

Work Incentives Through the Ticket to Work Program

The Social Security Administration administers the Ticket to Work Program, a voluntary program designed to help SSDI recipients explore employment without immediately jeopardizing their benefits. By assigning your Ticket to an approved Employment Network (EN) or your state's Vocational Rehabilitation agency, you can receive job training, career counseling, and employment placement services.

Wisconsin's Division of Vocational Rehabilitation (DVR) participates in the Ticket to Work program and offers services statewide, including offices in Milwaukee, Madison, Appleton, Eau Claire, and Wausau. DVR can assist with job skill development, assistive technology, and connecting you with employers willing to provide reasonable accommodations for individuals with disabilities.

Importantly, while your Ticket is assigned and you are making timely progress toward employment goals, the SSA will generally not initiate a Continuing Disability Review (CDR) based solely on your work activity. This provides an additional layer of protection while you test your ability to return to the workforce.

Practical Steps Before Accepting Part-Time Work in Wisconsin

Before starting any job, take the following steps to protect your benefits:

• Calculate your potential earnings carefully. Account for gross wages, tips, bonuses, and any employer-provided benefits that might be counted by the SSA.
• Notify the SSA in writing before your first paycheck, or as soon as possible. Document the date and method of your notification.
• Contact Wisconsin DVR to explore whether work incentive planning assistance or the Ticket to Work program could benefit you.
• Keep monthly records of your pay stubs, hours worked, and any work-related expenses that may be deductible as Impairment-Related Work Expenses (IRWEs).
• Speak with a disability attorney before accepting any offer, particularly if your condition is borderline or you have a pending appeal.

Impairment-Related Work Expenses are an underutilized benefit — if you pay out of pocket for items or services that enable you to work (such as prescription medications, specialized equipment, or transportation related to your disability), those costs can be deducted from your gross earnings when the SSA calculates whether you are performing SGA.

Part-time work while receiving SSDI is possible, but it requires careful navigation of federal rules. A single missed report or a misunderstood pay period can trigger an overpayment demand that takes years to resolve. Wisconsin recipients are entitled to every protection these work incentive programs provide — but accessing them requires proactive communication with the SSA and, often, experienced legal guidance.

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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