Hi I am interested to know I receive SSDI benefit because I am a young adult with a hidden disability, I work as crossing guard for elementary school through a Private Security company, unfortunately last year we had the pandemic I was way under SGA limit from End of September when my elementary school reopened from being “closed since March” and I stayed under SGA limit even with 3 shifts because of social distancing the third shift was hybrid one or two kids got out early but they wanted a crossing guard, I stayed under SGA limit all the way till the end of December. Once January 2021 I did not realize my company had to pay a split shift law because of labor board requirement and I did not catch it right away until 5 month down the road, but I am over $266 on SGA of $1,310 a month, however since I am a crossing guard and I am part time and seasonal. I hope Social Security Administration will look at differently if they can divide by 12 because if you divide my income. I am under SGA limit and I am off for 1 month and I go back to work as crossing guard on Aug 18 I will be going back to normal 2 shifts instead of 3. I will get holidays off, spring break, Thanksgiving and Winter Break and New Years break when the school takes plus No Weekends, so I really don’t want to lose SSDI because it really helps me out a ton and I am getting health the 250% working Disabled insurance, my parents work extremely hard to get me onto SSDI when I was younger so they told me never to lose it, so I just hope Social Security will exempt my problem because of COVID-19 my job was essential and I love my job as crossing guard. It is a dangerous job too, but I am really good at it, also the parents and school appreciates me I even saved a kid from getting hit by a car for someone not paying attention to driving and talking on the cell phone, lucky the driver stop within a few feet of me nothing happened to me or the kid but I got a medal, I had been doing the crossing guard job for 4 years and all 4 years stayed under SGA limit. Just this year because one COVID-19 and my company had to pay a Split Shift Law In California but it’s labor board law so that’s my issue let me know what you might think Social Security Administration might do when I go back they are going to pay split shift law but I am going to try my best to keep to $14.00 per 17 hours including Split shift as 17-18hours
Thanks

Hi. Substantial gainful activity (SGA) determinations can be complicated, and they often come to a judgment call. The basic rule is that a person's earnings are averaged, but only over the months actually worked and only if the person's job duties and hours of work didn't change within the averaging period (https://secure.ssa.gov/apps10/poms.nsf/lnx/0410505015). For example, if a person worked 9 months of each year as a teacher and didn't work during the 3 summer months, their total earnings would be divided by 9, not 12, to get the countable average monthly earnings for SGA purposes.

I can't be sure how Social Security will rule on your work based on your description, but if you worked an increased amount of hours for 5 months and if your earnings averaged over SGA level in those months I wouldn't be surprised if Social Security rules that to be SGA. If they do, and if the SGA was performed more than 3 years after you completed your trial work period (TWP), it could result in termination of your benefits. In that case you would have to reapply for benefits to be able to resume collecting disability benefits. You could appeal their determination as well.

It sounds like you should contact Social Security to discuss your situation with a claims representative. At least that way if you do need to reapply for benefits, you can do so timely enough to avoid a possible extended gap in your eligibility.

Best, Jerry