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SSA’s intent in creating the trial work period is to give you the ability to try to return to work after you have filed your Disability claim. Quite literally, the trial work period is a period during which you may test your ability to work and still be considered disabled by SSA. The reason for the trial work period is clear; SSA would rather give you an incentive to return to work rather than pay you Disability and Medicare benefits.

1. Who is eligible for a Trial Work Period?

Anyone who is eligible to receive Disability insurance benefits (SSDI) or is already receiving SSDI is also eligible for a trial work period. Note that the trial work period is only applicable for those who have an SSDI claim (based on your own earnings record, disabled adult children’s benefits, widower’s benefits, or divorced spouse’s benefits). The trial work period does not apply to a Supplemental Security Income claim (SSI).

2. When Does the Trial Work Period Begin?

The trial work period begins with the month in which you become entitled to SSDI. A person becomes entitled to receive SSDI after they have been disabled for at least five (5) full months. In addition, the trial work period cannot begin before the month in which you file your application for Disability benefits.

3. How Long can a Trial Work Period Last?

The trial work period continues until you have accumulated 9 months (does not need to be consecutive) of work within a 60 month period of time. In other words, you can work for up to 9 months over a period of 5 years without SSA asking any questions about whether you are still disabled. Why? Because federal law provides that while you are “trying” to return to work you should not be penalized by SSA.

4. Is There a Limit to the Amount of Monthly Income you can make During the Trial Work Period?

No. You should try to make as much money as you can during any one of the nine months.

5. How Does SSA determine whether a Month “Counts” toward the Trial Work Period?”

A month of work counts toward the trial work period when you are engaged in any activity for employment or self-employment for pay or profit, or the activity is of the kind normally done for pay or profit. A month will count if you earn more than $200 in a given month or work more than 40 self-employed hours in a month.

6. When does the Trial Work Period End?

The trial work period ends with the earlier of one of the following:

1. The 9th month (whether or not the months have been consecutive in which you have performed services; or

2. The month in which new evidence (i.e. medical), other than evidence that you are engaged in a trial work period, shows that you are not disabled, even if you have not worked for 9 months.

In essence, SSA may find that your Disability has ended at any time during the trial work period if medical or other evidence shows that you are not disabled.

7. How many Trial Work Periods am I Allowed to Have?

Only one trial work period is allowed in any one period of Disability. Thus, if you are going to attempt a return to work after filing your Disability claim, you need to make the months you do work worthwhile.

8. What Happens to My Disability Benefits at the End of the Trial Work Period?

In general, SSA will not ask many questions about whether you continue to be disabled during the time you are engaged in a trial work period.

However, after the trial work period has ended, in determining whether you are still disabled, SSA will consider work you performed during the trial work period. Please understand that this information is intended to provide you with a very general understanding of the complex rules regarding a trial work period and should not be considered exhaustive. Your particular situation may vary. If you are contemplating a return to work, I suggest you visit a local SSA office to obtain more information so you can appreciate the possible impact a return to work may have on your entitlement to Disability benefits.

Tips On Returning To Work After you have Filed a Disability Claim:

The advice I usually give clients is to work as long as you possibly can before you finally file a Disability claim. Why? Because the process can take a considerable period of time and is often accompanied by some degree of financial hardship. It is also important to have the issue settled in your mind that for the foreseeable future you are unable to work full time on a sustained basis.

With that said, should you try to return to work after (and during the time) you have filed a Disability claim? Unfortunately, there is no easy answer. On one hand, if you do try to return to work it should bolster your credibility when you tell SSA and/or an ALJ that you cannot work. Why? Because you have already tried to return to work.

However, in my experience, returning to work while you have a claim pending can create serious problems! I have seen too many Administrative Law Judges (ALJ) use that as a reason to deny rather than approve a claim. Why? Because even if you only worked 10 hours per week (and killed yourself doing it!), a cynical ALJ may assume you could have worked more hours than you did, possibly including full time work. The ALJ then reasons that because you did have a trial work period you also had the ability to sustain full time work! Therefore, the ALJ concludes that you are not disabled.

Thus, I think the best advice is to seriously evaluate whether you can sustain work full time work (40 hours per week) while your Disability claim is pending. If you cannot, it may best to save your trial work period for a later time after you have been awarded benefits and have more time to recuperate. If you think you can sustain full time employment then give it your best shot. If you don’t succeed…hope like heck you get an ALJ who wants to reward your determination to return to work rather than penalize and ultimately deny your claim.

Scott E. Davis is a social security and long-term Disability insurance attorney in Phoenix, Arizona. Mr. Davis is a founding partner of the law firm of Harris * Davis, PLC. Although Mr. Davis and Mr. Harris have experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of their Disability practice is devoted to representing individuals with FM and/or CFIDS. They do represent clients throughout the United States. In most cases, a fee is charged only if their client obtains benefits. Mr. Davis and Mr. Harris invite your questions and inquiries regarding representation via email harris.davis@azbar.org or telephone (602)482-4300.