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Alert: Earning SGA could jeopardize your SSDI Eligibility

You have indicated that you have not received from the Social Security Administration (SSA) a notice of final determination of your eligibility for Social Security Disability Insurance (SSDI - Title II) or that you don’t know whether or not you have received this notification. If you do not know, contact your SSDI claims representative to find out your status.

You should be aware that if, prior to the final determination date, you have earnings that exceed the Substantial Gainful Activity (SGA) amount, you may be determined ineligible for SSDI.

NOTE: Even if you have received the final determination that you are eligible, if you engage in SGA within a year of the onset of your disability, you may be determined ineligible for SSDI because the SSA's definition of disability includes the fact that your disability is expected to last for at least a year.

The rules do say, however, that if you begin engaging in SGA a year or more after the "onset" of your disability, then rather than lose your eligibility you will retain your SSDI benefits under the Trial Work Period (TWP) provisions -- even if you have not yet received notification of final determination. Unfortunately, the rules for determining the date of "onset" are quite complex, and they are different for SSDI (Title II) and SSI (Title XVI).

If you have not received notification of final determination and you have an opportunity to attempt working at the SGA level, you should contact your SSA claims representative to find out if doing so would jeopardize your SSDI eligibility.

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