What a disability attorney needs to know about your work attempts

If you have worked part-time or tried returning to work while receiving SSDI, a disability attorney will ask about those attempts early. The reason is specific: Social Security has rules that let you test your ability to work without losing your benefits when ready. Understanding what you did, when you did it, and how much you earned matters because it changes how Social Security views your case — and whether you still meet the definition of disabled.

An attorney in Mountain Top or anywhere else cannot change these rules, but they can make sure Social Security applies them correctly to your situation. Many people lose benefits or face overpayment notices because they did not report work, or because they reported it incorrectly. A lawyer's job is to prevent that and to argue your case if Social Security has already made a mistake.

Key Takeaways

  • The Trial Work Period allows you to earn any amount for nine months without losing SSDI, but you must report each month you work to Social Security.
  • After the Trial Work Period ends, the Extended may be able to access Period gives you nine more months where you keep benefits even if you earn above the monthly limit, as long as you report your work.
  • Partial work attempts that fall outside these protected periods can trigger a medical review or loss of benefits if your earnings suggest you can work.
  • A disability attorney will request your work history, pay stubs, and Social Security records to show whether you used these periods correctly or whether Social Security made an error.
  • If you stopped working because your condition worsened, an attorney can file for reinstatement of benefits within five years without reapplying from the start.

The Trial Work Period: Nine months of protected earnings

The Trial Work Period is a nine-month window during which you can work and earn any amount without Social Security reducing or stopping your SSDI check. The catch is that you must report the work to Social Security, and Social Security counts a month as a work month only if you earn $1,050 or more in that month (this amount changes yearly). The nine months do not have to be consecutive — they can be spread across 60 months.

A disability attorney will ask whether you used this period and whether you reported it correctly. Many people work without telling Social Security, thinking they will lose benefits. Instead, they create a record of unreported work that Social Security later discovers through tax records or wage reports. When that happens, Social Security may decide you were not disabled during those months and demand repayment of benefits. An attorney can help you report work retroactively in some cases, or argue that the work was genuinely part of a trial period you did not know you had.

If you are still within your nine-month Trial Work Period, your attorney will make sure Social Security has the correct count of work months. If you have already used it, they will confirm the dates in your file match what actually happened.

The Extended may be able to access Period: Nine more months of protection

After your nine Trial Work Period months end, you enter the Extended may be able to access Period — another nine months where you keep your full SSDI check even if you earn above the monthly limit. During this time, you must still report your work, but Social Security will not reduce your benefits based on earnings alone.

This period is where many people get confused. They think the Extended may be able to access Period means they can work without limits. It does not. If you earn above the monthly limit during Extended may be able to access, Social Security will not cut your check, but they will watch your case more closely. If your earnings stay high for several months, Social Security may schedule a medical review to determine whether you are still disabled. If the review concludes you can work, your benefits stop — even though you technically kept them during Extended may be able to access.

A disability attorney will review whether you reported Extended may be able to access work correctly and whether Social Security scheduled a medical review based on your earnings. If a review happened and you lost benefits, your attorney can argue that the work was temporary, that your condition worsened, or that Social Security did not properly evaluate your medical evidence before deciding you could work.

Work attempts outside these protected periods

If you worked before your Trial Work Period started, or if you worked after Extended may be able to access ended, Social Security treats that work differently. Any work earning above the monthly limit outside these windows can trigger a review of your case. Social Security may conclude that you demonstrated the ability to work and therefore were not disabled during that time.

This is where an attorney's role becomes critical. If you worked part-time for a few months and then your condition worsened, forcing you to stop, an attorney can argue that the work does not prove you are currently able to work. They will gather medical records showing your condition at the time you worked, statements from your doctor about why the work was unsustainable, and any evidence that you tried to continue but could not.

An attorney will also look at whether the work was substantial gainful activity — Social Security's term for work that shows you can earn a living. In 2024, substantial gainful activity is generally defined as earning $1,550 per month (or $2,590 if you are blind). Part-time work below that threshold may not trigger a review at all, but Social Security sometimes disagrees about what counts as work. An attorney can challenge that interpretation.

What your attorney will request from you

To build your case, a disability attorney will ask for a complete work history: every job you held since you applied for SSDI, how long you worked, how much you earned, and why you stopped. They will want pay stubs, tax returns, and W-2 forms. They will also request your Social Security work history record, which you can obtain free from ssa.gov or by calling 1-800-772-1213.

Your attorney will compare what you tell them against what Social Security has in your file. If there are gaps or errors — work Social Security does not know about, or work they recorded incorrectly — your attorney will file a correction request. If Social Security made a mistake about your Trial Work Period or Extended may be able to access, your attorney can request a hearing before an administrative law judge to fix it.

Reinstatement if your condition worsened

If you worked during your Trial Work Period or Extended may be able to access, and then your condition got worse and you had to stop working, you may be able to get benefits back without reapplying. This is called reinstatement, and it is available for five years after your benefits ended.

To reinstate, you must show that your condition worsened or that you developed a new condition that prevents work. You do not have to go through the full process process again. A disability attorney can file the reinstatement request and gather the medical evidence showing why you could not continue working. If Social Security denies reinstatement, your attorney can request a hearing.

When to contact a disability attorney about work history

You should contact an attorney if Social Security has questioned your work history, if you received a notice that your benefits will stop or that you owe money back, or if you are unsure whether you reported work correctly. You should also contact an attorney before you start working, so they can explain the Trial Work Period and Extended may be able to access rules and help you avoid mistakes.

Many disability attorneys in Mountain Top and surrounding areas work on contingency, meaning they take a percentage of your back pay if they win your case — they do not charge you upfront. The fee is capped by law at 25 percent of back pay or $6,000, whichever is less. If you cannot afford an attorney, you can also contact a disability advocate or a legal aid organization in your area.

Frequently Asked Questions

Do I lose my benefits if I work during the Trial Work Period?

No. You keep your full SSDI check during the nine-month Trial Work Period, no matter how much you earn. You must report each month you work to Social Security, and a work month only counts if you earn $1,050 or more that month. After nine work months, the Extended may be able to access Period begins.

What happens if I did not report work to Social Security?

Social Security may discover the work through tax records or wage reports and demand repayment of benefits you received during that time. An attorney can sometimes help you report work retroactively or argue that the work was part of a protected period you did not know about. Contact an attorney as soon as you realize the work was not reported.

Can I work part-time and keep my SSDI?

Yes, during your Trial Work Period and Extended may be able to access Period. After those periods end, part-time work earning below the monthly limit ($1,550 in 2024) usually will not affect your benefits. Work above that limit may trigger a medical review. An attorney can review your specific situation and explain what Social Security will likely do.

If I had to stop working because my condition got worse, can I get benefits back?

Yes, through reinstatement, which is available for five years after your benefits ended. You must show that your condition worsened or that you developed a new condition preventing work. An attorney can file the reinstatement request and gather medical evidence without requiring you to reapply from the start.

How much does a disability attorney cost?

Most disability attorneys work on contingency and take 25 percent of your back pay or $6,000, whichever is less — you pay nothing upfront. If you cannot afford an attorney, contact a legal aid organization or disability advocate in your area for free or low-cost help.