Potential Benefits for Disabled Persons Who Return to Work
In this post I call the disabled person the claimant, which is the jargon you see in judge's decisions. If you google these matters, try typing in "Social Security disability" and "Red Book" and you will find all kinds of information on this subject. Excuse the technical stuff here. My main point is: Check to be sure on these potential benefits when you return to work after a period of no work caused by disability. You may be entitled to more benefits, even after you return to work.
Some of our disability appeals involve closed periods. That is, the person claiming benefits claims disability for a period of at least 12 months, but then returns to work. In those cases benefits start after five months from the beginning date of disability and if there is medical improvement benefits will stop after the return to work, following a three month grace period. But claimants should not be too quick to think that they have to limit benefits to just the closed period of time when that person was off work. A claimant may have returned to work while still medically disabled. This post explains benefits for disabled people who return to work. I will not discuss the blindness situation here. That is a separate subject.
Trial Work Period
Don't forget to consider the trial work period (TWP) if medical improvement is not involved.
If there was medical improvement, the claimant would not be entitled to a trial work period under sec. 404.1592. I'll come back to that below. Section 404.1592(e) (3) provides as follows:
The month in which new evidence, other than evidence relating to any work you did during the trial work period, shows that you are not disabled, even though you have not worked a full 9 months. We may find that your disability has ended at any time during the trial work period if the medical or other evidence shows that you are no longer disabled.
See §404.1594 for information on how we decide whether your disability continues or ends.
This statute would apply if the claimant was and is medically disabled but still has been doing substantial gainful activity. The evidence to terminate benefits before the 9 month trial work period is up - must be evidence of medical improvement. Evidence of “the work you did” does not terminate disability, until after claimant uses up the nine months.
Extended Period of Eligibility
Be aware of what the law calls the extended period of eligibility. Say that a claimant completed the trial work period (TWP)and used up the nine months. At that point, he or she would begin the 36-month Extended Period of Eligibility Period (EPE). The EPE is a period of at least 36-months in which he is eligible to receive SSDI for any month in which here countable earnings are below the SGA level. After that the claimant would have access to the expedited reinstatement within the 60 month period described below. See http://www.ssa.gov/redbook/eng/ssdi-only-employment-supports.htm (the so called Red Book).
Expedited Reinstatement Benefit Should Apply if Claimant Stops Work Within 60 Months
If claimant is awarded benefits which terminate after he uses up the nine months of trial work period followed by the three month grace period, and then later finds that he or she cannot work because of the above impairments, the claimant is eligible for a return to the disability program if the person applies to do so within 60 months of the termination date. Sec. 404.1592b provides as follows:
The expedited reinstatement provision provides you another option for regaining entitlement to benefits when we previously terminated your entitlement to disability benefits due to your work activity. The expedited reinstatement provision provides you the option of requesting that your prior entitlement to disability benefits be reinstated, rather than filing a new application for a new period of entitlement. Since January 1, 2001, you can request to be reinstated to benefits if you stop doing substantial gainful activity within 60 months of your prior termination. You must not be able to do substantial gainful activity because of your medical condition. Your current mpairment must be the same as or related to your prior impairment and you must be disabled. To determine if you are disabled, we will use our medical improvement review standard that we use in our continuing disability review process. The advantage of using the medical improvement review standard is that we will generally find that you are disabled unless your impairment has improved so that you are able to work or unless an exception under the medical improvement review standard process applies. We explain the rules for expedited reinstatement in §§404.1592c through 404.1592f.
Note the language in this statute that in effect states that to gain the benefit of these reinstatement rights the termination must be “due to your work activity.” Just as with the trial work period, the 60 month reinstatement provision only benefits those who have continuing medical disability but who return to work nevertheless.
Section 301 VR Benefit May Apply With Medical Improvement
Even with medical improvement a claimant may be able to extend benefits under this VR program found in section 301 of the Social Security code, a person who medically recovers and no longer meets SSA's definition of disability, receives monthly payments which continue if the person is actively participating in an approved vocational rehabilitation (VR) program that is expected to help the person become self-supporting. Monthly SSDI can continue until the person completes the program. See discussion at: http://www.socialsecurity.gov/disabilityresearch/wi/detailedinfo.htm
Therefore, if the Social Security Administation finds that a claimant has a closed period case, with a termination based on medical improvement, benefits may continue under section 301.
Understand Benefits On Return to Work
Many people don't know that they can claim benefits for limited periods of time - these closed periods. And many others, including lawyers and judges, overlook these continuing benefits for disabled people who return to work. If you have that situation be sure that your lawyer takes a hard look at these potential continuing benefits.
