I stopped working in 1995 due to cardiac arrhythmias and began receiving SSDI benefits in 1996. In 1999 I had 2 unsuccessful ablations, fast forward to 2009, arrhythmias became worse due to scarring from the previous ablations. Cardiologist I saw told me I would get used to it and as long as I wasn't passing out the best thing I could do is try to ignore it, if I passed out they would try a pacemaker, but some of the arrhythmias (there are 4 different ones at this point) will not be corrected with a pacemaker. Pacemaker would only help when my heart is bradycardic (beating too slow) which is why it was not recommended at that time. I took this doctors advice and ignored it, in 2011 I went to college with pell grants and student loans to get a nursing degree. The two year degree took me almost 5 years but I did it and am now an RN. I began my trial work period in 2016 and have had income greater than the SGA amount since. There were three periods of time where I as not able to work for more than a month, but because of the way the paychecks fell I was still over the threshold those months because I was getting paid for the previous month's work. I worked full time during the first year but had to reduce hours and so changed to PRN (part time and I can make my own schedule). This gives me the ability to manage my symptoms. The second year I was working 3 to 4 days a week on average, and this most recent year 2 to 3 days a week. I thought that I would continue to get Medicare while my benefits are suspended due to my working, and counted on the extended period of eligibility as a safety net in case I cannot continue to work. SSA recently did a review and have determined I am no longer disabled due to substantial gainful activity and the letter states I will lose Medicare in 60 days. I am now looking at being able to work less and less, and being uninsured. The people I spoke with at SSA when they started this review process assured me that my status would not change regardless of the review because I was entitled to the extended period of eligibility. Is this hopeless, or should I hire a lawyer? Should I appeal? Should this be happening at all? It seems that if you work during your extended period of eligibility you can be changed to no longer disabled because you are working, so there really is no safety net after all and the people I spoke with on 3 different occasions who all told me this couldn't happen were all wrong, or there has been a mistake made. Feeling confused, betrayed and frightened, any advice you can offer is appreciated! (Not sure if it matters but my husband died in 2008, spousal benefits would have been 30 cents less than my benefit so I did not receive that. Our daughter turned 18 in 2014.)>/blockquote>

Hi,

There are several different factors involved in your case. First of all, the extended period of eligibility (EPE) does not necessarily continue indefinitely. The EPE continues for at least 36 months following the completion of your trial work period (TWP), provided that Social Security continues to consider you medically disabled. But, if your benefits have been suspended due to substantial gainful activity (SGA), then your EPE and Social Security disability (SSDI) entitlement terminates effective with the first month of above SGA level earnings that occurs more than 36 months after the completion of your TWP, even if you're still medically classified as disabled.

However, if your SSDI entitlement terminates due to SGA your Medicare eligibility still continues for at least 93 months following the completion of your TWP provided that you still meet Social Security's medical definition of disability. On the other hand, If you're determined by Social Security to have medically improved to the extent that you are no longer disabled by their definition, both your Social Security disability (SSDI) entitlement AND Medicare eligibility terminates effective with the 2nd month after the month you're notified of their decision. That's true regardless of whether or not you've worked or performed SGA.

So, if you didn't start working until 2016 and you've been notified that your Medicare coverage is going to be terminated in 60 days it must mean that Social Security has determined that you are no longer medically disabled by their definition. Unless you successfully appeal that decision, it would mean that the only way you could again receive SSDI is if you reapply for SSDI and are approved by Social Security.

I can't advise you whether or not to file an appeal or hire a lawyer, but if you do elect to appeal Social Security's determination you must do so within 60 days of the date of the notice they sent you telling you that your benefits are ending. For more information on the appeals process, refer to the following Social Security publication: https://www.ssa.gov/pubs/EN-05-10041.pdf.

By the way, since you didn't mention your age I can't tell you what options you might have with regard to applying for other types of Social Security benefits, such as retirement or survivor benefits. You might want to consider using our software (https://maximizemysocialsecurity.com/purchase) to help you determine when you could qualify for benefits other than SSDI.

Best, Jerry