Five SSD Renewal Benefit Strategies

Social Security Disability benefits are available for permanent disabilities. A “disability” is “permanent” for Social Security Administration purposes if that disability lasts more than a year. So, the SSA usually orders annual benefit renewal reviews. If the applicant is no longer disabled, the SSA could cut off benefits.
The SSA reluctantly granted benefits in the first place, at least in most cases. Therefore, the SSA is anxious to cut them off. Sometimes the reason for a cutoff, like a medical improvement or a new drug, is beyond the applicant’s control. Other times, however, applicants control their own destinies. More on that below.
A Tampa Social Security Disability lawyer is an important partner in these proceedings. With a lawyer’s help, the SSA may not even try to cut off benefits. If the SSA persists, lawyers represent disabled individuals at hearings, where an Administrative Law Judge decides whether or not to cut off benefits upon renewal.
ABLE Account
An Achieving a Better Life Experience (ABLE) account is a tax-advantaged savings account that helps people with disabilities save and invest money for disability-related expenses. ABLE accounts are state-run and are also known as 529 ABLE or 529A accounts. Money in these accounts is exempt from means testing for most government benefits programs, including SSD.
Non-ISM Payments
Many disabled people receive financial assistance from non-disabled people. If the non-disabled person pays the disabled person’s in-kind support and maintenance (ISM), the SSA counts that money toward the SGA (substantial gainful activity) threshold of $1,550 per month.
Assume Martha’s daughter, Daphne, receives $940 a month. Martha gives Daphne $1,000 per month to pay rent. Daphne would lose her SSI because of the receipt of that cash which exceeds her SSI benefit.
ISM items include rent, food, and other essentials. To bypass this problem, the contributor should pay for non-ISM items, such as:
- Clothes,
- Internet/Cable bill,
- Medical expenses,
- Entertainment, and
- Vehicles (including the note, gasoline, and maintenance).
Alternatively, a qualified rental agreement could exchange rent for household expenses (e.g. Daphne, who lives with Martha, pays $1,000 a month in rent, and Martha uses that money to pay Daphne’s living expenses).
Trial Work Period
The SSA’s Trial Work Period allows individuals to return to work for at least nine months without immediately losing benefits. In 2024, any month you earn over $1,110 before taxes counts towards this trial. If the recipient tried to work and cannot, that’s almost proof positive that the applicant is still disabled.
Extended Period of Eligibility
During an EPE, your income must stay below the substantial gainful activity (SGA) limit for the year. If you earn above the SGA during the 36-month period, your benefits will be suspended, but they can be reinstated if your earnings dip below the SGA again.
Work Incentives
You can continue receiving benefits if you earn above the SGA but have other work incentives that apply. For example, any work expenses that a person incurs because of their disability are deducted from their earnings. The same thing may apply to non-cash compensation, such as tuition reimbursement.
Connect With a Dedicated Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced Social Security Disability lawyer in Tampa, contact Kobal Law. We routinely handle matters throughout the Sunshine State.
Source:
ssa.gov/benefits/disability/work.html