Does Your Employer Know If You File For Disability
Your disability examiner is tasked with:
While disability examiners typically rely on information provided by the claimant, they do sometimes contact past employers to find out more about the claimants past work and what they did there.
So your employer may discover you have applied for disability if they end up being questioned or interviewed by your social security disability examiner.
Odsp Rules About How Money You Earn Affects Your Assistance
Earnings exemptions are the rules that let you earn some money without ODSP reducing your assistance by the full amount that you earn.
The general rule is that you can make $200 in net earnings in a month before it affects the amount ODSP gives you.
If you make more than $200 in net earnings in a month, ODSP gives you less assistance. They reduce your income support by an amount that equals half of the net earnings you make that are more than $200.
For example, if you make $300 in net earnings in a month, ODSP takes $50 from the amount they usually give you. This is because $300 in net earnings minus $200 equals $100. And $100 divided by 2 equals $50. See below for how this works:
| $300 |
|---|
| = $50 |
Another Wrinkle To Part
Generally, Social Security will find you disabled if you can’t sustain full-time work on a regular basis. But if your regular work before applying for disability was part-time work, and Social Security finds you can still do this work, your claim can be denied. See our article on partial disability and part-time work.
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Can You Work And Receive Social Security Disability Benefits
If you are disabled and looking to keep working while still receiving benefits from the SSA insurance scheme, there are things to keep in mind. Whether you lose all your entitlements or get to keep them is dependent on what the SSA terms Substantial Gainful Activity.
If you are eligible for SSD benefits, you will continue receiving them while working under SGA. The latter allows you to undergo an employment test period. During this time frame, youll receive all the social security disability benefits youre entitled to.
The trial period is for you and the SSA to determine whether you can work with your limitations. The test can last for nine months, and the SGA scheme will consider the number of hours you worked.
The SGA usually considers 80 hours or more of work as a trial month. It is prudent to have a disability law attorney to assist you with this and help you communicate with the SSA officials.
Disabilitycan I Work Part
Can I Work Part-Time And Still Get Disability?
Filing a successful claim for disability benefits is often a challenging and lengthy process. Once a disability attorney helps you secure benefits to sustain your livelihood, you must abide by certain rules to keep your government payments intact. While you certainly dont want to jeopardize losing disability benefits, you may miss the social interaction that you had when you still worked. Because of that, some Social Security disability beneficiaries wonder if they can work part-time and still receive benefits. This blog will explain your options if you are considering entering the workforce on a part-time basis.
Social Security Disability Lawyer
The Social Security Disability lawyer at Watson & Carroll, P.C., L.L.O. can help you secure needed benefits to support yourself. Our experienced disability attorney can offer support and advice as it pertains to your debt and circumstances. Call us today at 402-234-8787. You also can share your story here.
What is SGA and How Does it Affect Me?
Its important that you understand the meaning of substantial gainful activity , as it is called by the SSA. These figures periodically change, but as of 2021, SGA is defined as earning more than $1,310 per month as a disabled individual or $2,190 per month if you are blind. If your monthly earnings exceed SGA, your disability benefits will stop. There are some exceptions, however.
Working Part-Time
Speak With a Disability Attorney
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Canada Pension Plan Disability Benefits
The Canada Pension Plan provides monthly payments to people who contribute to the plan during their working years.
You may be eligible for CPP disability benefits if:
- you contributed to the CPP for a certain number of years
- you’re under 65 years old
- you have a severe and prolonged mental or physical disability
- your disability prevents you from working on a regular basis
The benefits include payments to children of a person with a disability.
Apply as early as possible if you think you’re eligible for CPP disability benefits. Quebec residents may be eligible for a similar program called the Quebec Pension Plan . It may take several months to process your application.
If you applied for CPP or QPP disability benefits and were told that you’re not eligible, you can ask to have your application reviewed or considered again.
Once you reach age 65, your CPP disability benefit will automatically change to regular CPP payments. Your regular CPP payments may be less than the CPP disability payments you got before.
If so, consider:
Will I Lose My Va Disability If I Get A Job
Because approval for this program requires you to demonstrate that you are unable to maintain substantially gainful employment due to your service-connected disability, working can make you ineligible. You can lose your TDIU benefits if the VA discovers that you are maintaining substantially gainful employment.
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If You Live In Quebec
If you live in Quebec, you would not apply for the disability benefit under the Canada Pension Plan. You can apply for the Quebec Pension Plan disability benefit if one of the following applies to you:
- you have worked only in the province of Quebec
- you currently live in Quebec and have worked both in the province of Quebec and in another province or territory
- you have worked in Quebec, currently live outside Canada and your last province of residence was Quebec
If you worked both in and outside Quebec
If you paid into both the Canada Pension Plan and Quebec Pension Plan, you need to apply to the province where you live now.
If you worked outside Canada
If you worked in a country other than Canada, the credits you earned in that country may help you qualify for the disability benefit.
If you worked less to care for young children
If you have periods of zero or low income because you stayed home to raise your children, the child-rearing provision could help you qualify for the disability benefit.
If you are divorced or separated
Any contributions you and your spouse or common-law partner made to the CPP while you lived together may be equally divided after a divorce or a separation. This may help you qualify for the disability benefit. Find out more about .
If you missed applying for disability benefits in the past
If you are applying for the disability benefit, but stopped working a while ago, you may still apply for a benefit now.
You may be able to receive the benefit if:
What Is The Trial Work Period
The SSA allows you to test your ability to work without losing your SSDI benefits. This trial work period allows you nine months in a five-year period to work without worrying about risking your benefits. The nine months do not have to be consecutive.
It is important to note that only a certain amount of money will trigger a month of service. For the year 2017, if a person earns more than $840 a month, that month will count as a month of service toward the total of nine months. This means any months that you make below this amount do not count as part of your trial work period.
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Working And Earning Money
You can earn up to a certain amount per year without losing your disability benefits. For 2021, this amount is $6,100 . You must contact Canada Pension Plan as soon as you make more than $6,100 .
If you delay in contacting us when you start making over the allowed amount, you might have to pay some money back.
We may be able to help you return to work through the CPP Disability Vocational Rehabilitation Program.
Re-starting disability benefits for the same disability
If you return to work but are unable to continue working because of the same or a related disability, you can ask to have the benefit automatically restarted without going through the usual reapplication process.
Examples
Working part-time while on CPP disability
Joseph returned to work on a part time basis in March 2021. He earned $6,170 by June 2021. Joseph must call Service Canada to let them know he has earned $6,100.
Additionally, he needs to tell them:
- the date he returned to work
- the hours he worked per week/month
- his hourly wages
- if the job is full time, part time, seasonal or self employed
Service Canada staff will contact Joseph to see how he is doing.
Working while receiving CPP disability and making less than $6,100 a year
Working while on CPP disability and making more than $6,100 a year
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Working While You Receive Benefits
The same approach applies to working while you receive Social Security Benefits. For as long as you need to continue receiving benefits, your monthly income cant exceed the substantial gainful activity thresholds. If you do, you risk losing your benefits.
Think of working a part-time job as supplemental to your disability benefits. The SSA doesnt want you to live without the ability to pay for your basic needs. However, they also dont want to pay out benefits to anyone who can work full-time or earn enough money to afford a reasonable standard of living.
Your Social Security benefits might not be enough to cover your monthly expenses without the help of additional income. The SSA understands this and allows you to earn supplemental income while maintaining your benefitsas long as you continue to meet the requirements.
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Are There Exceptions To The Sga Limit
There is some argument that the SGA limit is essentially arbitrary, and is therefore unfair. Someone working at a minimum-wage level in South Carolina, for instance, can work 32 hours a week and still have their monthly earnings come in well under the SGA limit, while someone employed at $12/hour would be capped at a much lower hourly limit for the week. The requirements of jobs at different income levels can vary wildly, and the Social Security Administration has actually taken that into account.
The Social Security Administration can choose to look at things that affect what is called the worth of an individuals work, and that might influence whether or not a particular individual is therefore limited by the SGA amount. One example of this is that Social Security claims representatives are expected to look into whether an individuals work activity is matched by their pay.
Many employers subsidize disabled employees work by paying them a full wage even if theyre not performing to the level that would normally be required to earn that amount, due to their disability.
Does Social Security Make Exceptions To The Sga Limit
Some argue that the monthly SGA earnings limit is an arbitrary amount with no real basis and is unfair, and to some extent that is true. For instance, someone making the federal minimum wage can work 32 hours per week and have their earnings come under the SGA amount, while someone who makes significantly more can work only five hours per week without becoming ineligible for benefits.
In actuality, Social Security can look at things that affect the “worth” of an individual’s work that might influence whether or not an individual is engaging in SGA-level work activity, even if the individual is earning over the monthly earnings limit. For example, Social Security claims representatives must investigate whether an individual is performing work activity that is actually worth what they are being paid. They must consider the fact that some employers will subsidize disabled employees’ work by paying them their full wage even though the employees are not performing up to the value of that wage because of their disability. If an employer considers an employee’s work to be worth half of the actual pay, then Social Security could just count half the amount of earnings toward the SGA determination.
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Social Security Disability Insurance
Social Security Disability Insurance is for people who qualify as disabled and have paid enough Social Security taxes through past employment to reap additional benefits.
SSDI recipients are also allowed to work, and the rules are more lax because they have paid taxes into the system for much longer.
This program isnt for low-income people, per se. But there are monthly limits on how much income someone can earn from a job: $1,260 a month or $2,110 for blind workers. Income and assets outside work earnings are unlimited.
The benefits for the SSI folks are different because they didnt pay into the system, says Paula Vieillet, CEO of My Employment Options, a national employment network and advising company for people on Social Security assistance.
Can I Use Disability Insurance Or Paid Family Leave Benefits Intermittently While Working Part
Yes. You can receive benefits intermittently while working part-time as long as you continue to meet the other eligibility requirements.
Using SDI Online:
Note: It may be necessary for us to send some documents by U.S. mail even if you chose electronic communication.
If you are a new father, mother, or foster or adoptive parent without a transitional disability claim, you should use these instructions to apply for bonding benefits.
Using SDI Online:
Note: It may be necessary for us to send some documents by U.S. mail even if you chose electronic communication.
Using the paper Claim for Paid Family Leave Benefits form:
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How Long Can I Receive Ssd Benefits Can My Benefits Be Terminated
If you are approved for Social Security disability benefits, they are seen as a permanent life-long benefit. However, there are a few circumstances where your benefits could be terminated. These circumstances may include:
- Engaging in Substantial Gainful Activity examples of activities that may disqualify you for benefits include going back to work full-time, going back to work part-time and earning over $1,040 gross per month, and attending college or business/trade school full-time
- If the Social Security Administration reviews your case and feels your condition has improved, they may terminate your benefits. Periodically , the Social Security Administration will review cases. When your case is reviewed, they check to make sure that you still have disabling impairments are still in treatment and are compliant with treatment and medication.
- Becoming incarcerated or institutionalized against your will for over 30 days during this time, you are ineligible for benefits
If your benefits are terminated, you have the right to file an appeal within 60 days. You have 10 days in which to appeal in order to continue receiving your checks while the appeal is pending. If you are unsuccessful with your appeal but received checks while the case was pending, you will be required to pay back the money you received while the case was pending.
How Do Partial Disability Benefits Work
Some disability policies allow for recovery of partial disability benefits if you are still able to work on a limited basis. In newer disability policies, this feature is typically added as a rider that you must choose to add to the base policy. If your policy does not have a partial disability or residual disability rider, it may only cover total disability.
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