SSDI

Frequently asked Questions About SSDI and Work Incentives for NJ Residents in 2004

1- Q: If I am working with someone who receives a check from Social Security, how can I be sure whether or not it is an SSDI benefit?

A: If a person started receiving SSDI (Social Security Disability Insurance) prior to 1997, she/he will generally receive the check on the third of the month. If the person started receiving SSDI after 1997, his/her check should come on the 2nd, 3rd or 4th Wednesday of the month. It will come on the Wednesday that corresponds closest to date of the month on which the individual was born. For example, if the person was born on the 1st of any given month, he/she would receive the check on the 2ndst Wednesday of the month. If the individual was born on the 30th, she/he would receive the check on the last Wednesday of the month (the 3rd or 4th one-- depending on the month). To find out for sure, a beneficiary may want to go to his or her local Social Security (SSA) office (with identification) and ask for a benefits statement or a copy of the "award letter." It is also a good idea for the person to get the name of his or her "claims representative". Eventually the individual will need to report earnings to Social Security after she/he starts earning money.

2- Q: If the person I'm working with gets a job, should he or she be concerned that he/she will lose benefits?

A: There are two issues involving benefits that should be addressed in order to support a person's decisions about work. The first is the SSDI cash benefit and the second are the individual's medical benefits.

3- Q: What do I need to know about the SSDI check?

When someone is found eligible to receive SSDI, they also are eligible for a nine month Trial Work Period (TWP). That is, nine months in which the person works without jeopardizing their SSDI benefits. These nine months do not have to be consecutive. A Trial Work month is any month in which the person earns $570 or more. When the person has used nine Trial Work Period months within a five -year period the TWP is ended. Since the Trial Work Period month amount has changed significantly over the years, it's important to review the past five years of the person's work history or check with SSA to see if the person has used any Trial Work months in the last five years.

After a person has exhausted the nine TWP months, SSA will due a disability review to determine if the person has been engaging in SUBSTANTIAL GAINFUL ACTIVITY (SGA). The figure that constitutes SGA is indexed yearly; the current figure is $810 a month.
(There are two organizations that can provide counseling for people with issues involving Social Security, they are:

The United Cerebral Paisy Association of NJ @ NJWIN32,
njwins@cpofni.org

-The Epilepsy Foundation of New Jersey@ (866) 946-7465
Njwins@efnj.com

To see what office covers your area visit: Http//www.efnj.com/program/njwins.shtml

Representatives from these organizations can help the beneficiary understand his or her benefits situation and create a plan. They can also educate and counsel individuals about other government benefits affected by earnings.)

4- Q: What happens after the review?

A. If the beneficiary's monthly earnings have been exceeding what SSA considers to be Substantial Gainful Activity (SGA), she/he will receive three more months of a disability check and then the benefits will terminate. If the person's earnings don't exceed SGA, then the SSDI will continue. The figure that constitutes SGA is indexed yearly; the current figure is $810 a month. Essentially, when the TWP months are used consecutively, a beneficiary will keep his or her SSDI benefits for the first year of work. This is only true Whether or not the person is engaging in SGA, if his or her disabling condition continues after the TWP, the EXTENDED PERIOD OF ELIGIBILITY (EPE) will begin.

5- Q: What is the Extended Period of Eligibility?

After the 9th TWP month, the 36-month Extended Period of Eligibility begins. If someone is unable to sustain earnings over SGA because of disability, she/he will be eligible for a check for any month that gross earnings are less than SGA (again, that's $810 in gross earnings a month). For example, if the person that you are working with earns $700 in March of 2003, $1000 in April and May, and then $700 again in June, he/she would be eligible for a check for March and June because earnings were less than $810 (SGA) but not April and May.

6- Q: So during the EPE, if the person's earnings are under SGA, they keep their benefits, right?

A: Yes

7-Q: What happens after the 36 months?

A: The first month after the 36 months of EPE ends, if the individual's earnings exceed SGA, he/she will lose eligibility for the SSDI cash benefits.

8- Q: What happens if the person is only able to work at SGA for say, six months or a year, after the EPE ends, will he/she have to 'start from scratch' to get the SSDI back?

A: SSA has made some progressive regulation changes in the past few years under the guidance of the "Ticket to Work and Work Incentives Improvement Act." The Act established a five-year reinstatement period for beneficiaries who have lost benefits due to earnings. That means that if a person is unable to work due to his/her disability within five years after the EPE, the individual can receive at least six months of benefits while SSA does a disability determination. If the person is unable to work due to disability, she/he will be reinstated.

9- Q: Are there other any other incentives that may smooth a transition back to work?

IMPAIRMENT RELATED WORK EXPENSES (called IRWE) allow a person to deduct income that is spent on items that are needed by a worker with a disability in order to maintain employment. These can be helpful to eligible beneficiaries during the EPE. If a person has to spend money to compensate for their disability in order to work, SSA will exclude the IRWE amount when determining SGA. For example, if someone earns $1000 a month but she/he spends $300 a month for disability- related transportation in order to get to work, SSA will disregard that amount and consider the earnings to be $700. Since countable income is less than SGA, the individual would receive an SSDI check. For more information about IRWE see:
http://www.ssa.gov/work/ResourcesToolkit/workincentiveschart.html#IRWE

Another employment "support" that may apply to some individuals involves what are called "Subsidies" or "Special Conditions". If an individual receives some sort of special consideration from the employer (e.g. more frequent supervision, reduced productivity standard) or has a job coach/personal assistant that helps the person maintain productivity, SSA may consider their earnings to be subsidized. Their countable income would be reduced by the value of this subsidy. This may bring their countable income below Substantial Gainful Activity. For more information:
http://www.ssa.gov/work/ResourcesToolkit/workincentiveschart.html#SASC

10- Q: So we have talked about the check, what about health care?

A: It is frequently the situation that people who receive SSDI are eligible for two types of health care, Medicare and Medicaid. Medicare is a federal health care benefit that an SSDI beneficiary is eligible for after 24 months of receiving an SSDI benefit. Medicaid (also referred to as Medical Assistance) is administered by the state and is generally provided to individuals with disabilities who have low income and resources. Medicaid and other state related health care programs generally provide the health care services that many people with disabilities require.

11- Q: So what happens to an individual's Medicaid coverage if his or her income increases because of work?

A: New Jersey has a Medicaid Buy-in program, called NJ WORKABILITY Medicaid which means a person can pay a monthly premium of up to $25 and be eligible for full Medicaid coverage with earnings up to about $47,340 a year. For more information call (888) 285-3036.

12- Q: What happens to person's Medicare?

A: A person will retain his or her Medicare benefits throughout the TWP -- regardless of earnings. As long as the beneficiary is still considered 'disabled,' she/he is eligible for Medicare at least 93 months after the end of the Trial Work Period. If the person's earnings never exceed SGA, Medicare eligibility will continue.

13- Q: Anything else?

A: Some of the beneficiaries attending your program may be receiving information from Social Security about the "Ticket To Work." To learn more about this opportunity for your program participants and your agency, go to… http://www.ssa.gov/work/Ticket/ticket_info_SerPro.html

14- Q: How do I find out more?

To find out more about Work Incentives go to Social Security's Web site at www.ssa.gov/work. Some particularly helpful URLs on the Social Security site are:
- http://www.ssa.gov/work/ResourcesToolkit/workincentives.html
- http://www.ssa.gov/work/ServiceProviders/providers.html
- http://www.ssa.gov/work/Beneficiaries/activity.html#NewJersey

It may also be helpful to have copies of these SSA publications handy for reference:

- Work Incentives for People with Disabilities (Redbook), Pub- 64-030
- SSI - A Guide for Groups and Organizations, Pub- 05-11015
- A Desktop Guide to Social Security and SSI Work Incentives,
Pub, 05-11002

These brochures may also help you understand SSA terminology so you can more effectively advocate for the participants attending your program should you assist them in their dealings with SSA.

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