Friday, April 15, 2011

Working And SSD

After your Social Security Disability (“SSD”) application is approved you might be able to work without losing your benefits. A trial work period (“TWP”) allows you to test your ability to work for at least nine months without losing benefits, regardless of how much you earn, as long as your condition has not improved.

The first 36 months after the TWP ends is the re-entitlement period, during which SSD benefits can be reinstated without filing for a new period of disability. You can receive full SSD benefits for two additional months, the grace period, regardless of how much you earn.

The Appeals Council reviews SSD claims that Administrative Law Judges have denied. The Appeals Council rarely approves SSD claims, and Appeals Council allowances comprise only 0.1% of all approvals. Today, I received an Appeals Council approval for a 52 year old former youth coordinator, who had received a partially favorable decision.

The claimant returned to work for eleven months after he stopped working due to neck, knee, and back problems. The Appeals Council found that the claimant’s medical condition had not improved during those eleven months, even though he had resumed working. After applying the nine month TWP and two month grace period the Appeals Council ruled that there would be no break in the claimant’s SSD benefits.

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