I get SSD and would like to work. SSD states that you could make up to $1000 a month and still receive you check. Problem is that when an employer interview you and finds out that you are on SSD and you want to work to supplement your check, they refuse to hire you based on the fact that you are on SSD. I know that it is illegal to refuse someone employment based on disability, but it happens. My disability is stress related not physical. What do I do when an employer refuses to hire me based on the fact that I am on SSD? I usually try to not tell but some employers want to know why you have a lapse in your employment. I know it is illegal for them to discriminate, but what can you do when they do before you are employed? Also some applications ask for age, weight, eye color, etc. What
I have handled Social Security Disability cases for 35 years. One, why tell the prospective employer you are on Social Security. Just say you want only to work part-time. Remember the $1010 figure is a gross figure not a net figure. Watch out for a month that has 5 pay periods and not 4 pay periods. Of course, your case is subject to review by Social Security and they may determine at a later date your part-time work proves you can work and re-evaluate your case. But strictly speaking, you will not be disqualified automatically if you gross less than $1,010.00 in a month.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
The problem you've encountered is difficult for everyone in your situation. I suggest to my clients that they go to school -- even one course for one quarter or semester, or whatever they can manage -- so they can truthfully say that during the employment gap, they were in school. it helps to get reference letters from the instructor ("Sally Student was attentive to her assignments and met all her deadlines.) Volunteer work is helpful, too, and might be a source for a reference. You might also say that you are fortunate to not have to work full-time (no need to say why, let them think you inherited a fortune!) and had a period where you did not have to work at all for a while. Now you need to work again and are eager to get on with it. You can embellish this by saying (if it's true) that you prefer to work because the period during which you were not working was not the way you prefer to live. You like the discipline of working.
Nothing illegal about asking eye color. Weight discrimination is illegal in some states; I don't know about NY because I don't practice there.
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Attorney Lutkenhaus gives you good advice.
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You can, but be very very careful about doing so, as their scrutiny really starts around $720 per month rather than 1000.....
You can continue to receive your Social Security Disability (SSD) or Supplemental Security Income (SSI) disability benefits while attempting to return to work. Please note, after a few small deductions, any income you receive will reduce your SSI benefits, if any, dollar for dollar.
If you work, then it is possible that at some point (depending on your earnings) your check could be stopped due to earning "substantial gainful activity" (SGA). In 2012, SGA is $1,010 per month. There is another "trip wire" which is considered before SGA, called "trial work period". In 2012, that amount is $720 per month. So, even relatively low earnings could result in SSA finding that a person is no longer entitled to a social security disability check.
For more information about working while disabled, you can go to ssa.gov and search for "The Red Book 2012", Publication No. 64-030, (2012 Red Book), January 2012.
As an SSD recipient you are entitled to try working for up to nine months without risk of losing your SSD benefits. This nine-month period is known as the “Trial Work Period”. During the Trial Work Period you will receive full benefits regardless of your income. Any month where you earn $720 or more in gross earnings or work more than 80 self-employed hours is considered a “trial work” month. If you make less than $720 in a given month it is not considered a trial work month and doesn’t count toward the nine month limit.
Note: The nine months do not need to be consecutive. The Social Security Administration will look at the last sixty months. If there are nine trial work months over the last sixty it will trigger the “extended period of eligibility.”
After the nine-month Trial Work Period is over, the SSA will conduct a medical review to determine if you can work at the “Substantial Gainful Activity” (SGA) level. SSA sets an SGA level each year. In 2012, the level is $1010 per month as a non-blind beneficiary and $1690 for the blind beneficiary. If SSA determines that you are able to continue to work at the “Substantial Gainful Activity” level, you will enter into the “Extended Period of Eligibility” (EPE). During this period you will not receive SSD benefits but you remain eligible for them. What this means is that for any given month where you make less than $1010 as a non-blind beneficiary and $1690 as a blind beneficiary you may request payment of your benefits. This extended period of eligibility lasts for thirty-six months. You will still receive your SSD benefits for the first three months of this period, because the first three months are considered a “grace period.”
Under SSA rules, work can only be counted if it is competitive in nature. Thus, any work that is “subsidized” is not counted. Subsidized means that you are earning more than your work is actually worth in the competitive job market. This may happen if you work in a “sheltered” work environment where specific measures are taken to support your disability and enable you to do your job; or, if you work for a compassionate employer who would not hire someone else to take your place if you stopped doing the job; or, if you need special support to perform the job. The value of the subsidized portion of the work you perform will be deducted from your actual gross pay to determine whether you are, or are not, performing at the SGA level. If not, you can continue to receive your full SSD benefit during and after the EPE.
If you are working at the SGA level after the thirty-six month extended period of eligibility ends, you are no longer eligible for SSD benefits. However, you may reapply for benefits any time in the future, and if you do so within five years following the expiration of the extended eligibility period it will qualify for an “expedited” reinstatement of benefits and will not require a full reapplication.
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