The Social Security Administration (SSA) has made special rules to encourage some people who want to try to work but can't risk losing their benefits. To protect your right to receive benefits, you must understand the rules about Substantial Gainful Activity (SGA).

What is Substantial Gainful Activity?

SGA means to be able to work and get paid on a certain level. SSA definition says a person with disabilities does not qualify for disability benefits if he or she can take part in SGA. In other words, SSA assumes that he or she is engaging in SGA if they are making more than the specific monthly income after taking the cost of their disability expenses. The monthly SGA amount for a blind person for 2023 is $2460.00. For a non-blind person, the monthly SGA amount for 2023 is $1470.00. These amounts change yearly.

What is a Trial Work Period?

If a person is receiving disability benefits but can work in some way, he or she may want to work. The SSA created a nine-month trial work period. This allows a person to try to get a job while keeping certain benefits.

Your benefits will only change if you complete nine months of working and receive more than the SGA dollar amount. The nine months do not have to be in order and can occur during a rolling 60-month time frame. The trial work period ends when the SGA amount has been used in the ninth month.

How Does SGA Affect You After the Trial Work Period?

After you have completed the nine-month trial, the next part is the extended period of eligibility. This is a 36-month phase. It allows the SSA to look at your monthly income to see if it goes over the SGA amount in any month.

If you receive more than the SGA amount in any month, you will not be able to get a benefit check for that month. If your earnings drop below the SGA amount, you are able to get a check.

If you receive more than the SGA amount in any of your 36 months, your benefits end. If you lose your eligibility due to going over the SGA limit in a month after the extended period ends, it's possible to ask for benefits if you become disabled again.

If you have received Social Security disability benefits within the past five years, the SSA has a rush process for benefit returns. If more than five years have passed, you will have to submit a new application.

Special Benefit Situations for Working People with Disabilities.

Earning income may affect benefits like Medicare and Supplemental Security Income (SSI). Medicare benefits continue during the trial work period. Then, they remain in place for another 93 months, even if the worker is earning more than the SGA amount during that time. If you are eligible for disability benefits after the extended period, you qualify for Medicare as well.

It is Critical to Not Exceed the Substantial Gainful Activity Limit.

By not knowing what qualifies as SGA you could lose your benefits. The SSA can provide you with help on how it determines what work is SGA. Contact your Social Security Office If you have questions about SGA. If you lose your benefits due to SGA and need legal assistance, please feel free to call our helpline at (501) 376-3423 or 1-800-950- 5817 to see if you qualify for our assistance.

AUTHOR: ODIS ROSE , STAFF ATTORNEY FOR CENTER FOR ARKANSAS LEGAL SERVICES