A trial work period (TWP) is a Social Security Administration certified nine-month period where a person may rejoin the workforce without any change to their Social Security Disability Insurance (SSDI) benefits.
After receiving SSDI, many people are told not to rejoin the workforce out of fear of losing their benefits. A precedent was set in the case was Kutchman v Cohen (7th Cir., 1970) that held that benefits may be withheld if a person demonstrates the ability to keep a job even when there is no change in their abilities from when they qualified for benefits.
Today, a beneficiary can test full time employment without fear. A trial work period allows someone who has been receiving benefits for five years or fewer, to work for nine months while receiving SSDI. If a person works for longer than nine months, the SSA will determine that the person is not too disabled to work. The nine months is not consecutive and may be calculated by weekly hours if you are self-employed. There is also a cap on how much a person can make monthly under the TWP. A person may not exceed $970 while on TWP without the SSA determining that they are not too disabled to work.
If you are receiving SSDI benefits and you would like to discuss the possibility of a trial work period, contact us and we’d be happy to talk about your options. To learn more visit Viner Disability Law.
5/3/2023