The rules for ssdi extended eligibility are confusing. I am unable to physically work more than $800-$1000 per month, some months even less, as my health is up and down. I'm just not well enough to earn more or go above sga. I am confused though whether or not I lose my ssdi after the EPE if I never am well enough to earn sga but do sometimes go over twp. Can a person who is disabled and unable to physically manage working/earning sga continue to work within their limitations below sga amount after EPE without jeopardizing their ssdi? Physically it is difficult for me but mentally it helps me to at least be able to work even in a limited capacity. Thanks so much for your time. I wish social security admin would be more clear so that people knew all of the rules and processes. It causes so much stress and negatively impacts my disease to always be afraid of losing my sole lifeline when you have no family or housing to fall back on. I literally would be on the street and have little reason to continue if I lost my lifeline ssdi at this point as my disease is progressive and I am close to 60 now and have lost much functioning. I am at about 30% functional depending on the day.I struggle to accomplish daily chores on the worst days, it's a rationing of energy and strength, bc I learned when I pushed my body that I ended up losing days to recover from the flareups. I also have a therapy dog and cat who are my sole family and are the reason I continue living and not giving up to all of my health struggles. Thank you.

Hi,

I certainly agree with you that the extended period of eligibility (EPE) rules can be confusing. The purpose of the EPE is allow someone who receives Social Security disability (SSDI) benefits to try working without permanently losing their SSDI benefits. Disabled widows (DWB) and disabled adult children (DAC) can also qualify for an EPE.

A person's EPE begins with the month after the 9th month of their trial work period (TWP), and it extends for a minimum of 36 months. The EPE can continue for even longer than 36 months, though, as long as the person does not earn more in a month than Social Security defines as substantial gainful activity (SGA). The SGA amount in 2020 is $1260 for non-blind individuals, and $2110 for people who have been determined to be statutorily blind. As long as the disabled person's earnings don't exceed the monthly SGA limit, their disability benefit payments and EPE can continue indefinitely.

To be clear, even one month of earnings above SGA level that occurs more than 36 months after the end of a person's TWP can cause their disability benefit entitlement to be terminated. However, a single month of above SGA level earnings would not terminate a person's benefits unless Social Security has determined that their period of disability has ceased due to SGA. Social Security would normally only make a disability cessation determination if a person's average earnings exceed SGA level for a period of at least 3 months.

For example, say Amy receives SSDI and completed her 9 month TWP effective December 2016. Amy was working steadily at above SGA level when her TWP ended, and that work continued throughout 2017. As a result, Amy's period of disability was determined to have ceased effective January 2017, and her benefits were suspended. Amy was then laid off from her job at the end of December 2017, which was the last month she earned above SGA level. Since Amy's EPE was still ongoing, Amy's SSDI benefits were reinstated effective January 2018.

Amy's SSDI benefits in the above example can continue to be paid indefinitely as long as she doesn't earn more than SGA level in any month. However, since Amy's period of disability has ceased, her benefits would be terminated if she earns more than SGA level in any month after December 2019, which was the 36th month of her EPE. But, if Amy's period of disability hadn't previously been ceased, then a single month of above SGA level earnings would almost certainly not terminate her benefits. Amy would likely have to earn an average of more than SGA level for at least 3 months in order for Social Security to determine that her period of disability has ceased.

So, to sum up. If you don't earn more than the SGA level in any month your SSDI benefits won't be terminated due to your work. It wouldn't matter whether or not your earnings exceed the TWP level, assuming that your TWP has already been completed. And, unless your benefits have previously been ceased and reinstated, a single month of above SGA level earnings almost certainly won't cause your benefits to stop unless your average monthly earnings exceed SGA level for a period lasting for at least 3 months.

Best, Jerry