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Return to Work Within a Year of Onset for Title II Disability Beneficiaries - 2011
When a beneficiary returns to work less than one year after the disability onset date, it may indicate that the 12-month duration requirement for disability was not met and thus the individual's disability claim must be denied. Remember that SSA defines disability as the inability to engage in Substantial Gainful Activity (SGA) due to a mental or physical impairment and the impairment must have lasted 12 months, be expected to last 12 months, or be expected to result in death. A beneficiary who works at the SGA level within 1 year of disability onset could be determined to NOT meet the SSA definition of disability.
If the disability claim has already been adjudicated (meaning a final determination has been issued in writing), it could indicate one of two things:
1. that the beneficiary’s disability continues since the work would be subject to the protections afforded by the Trial Work Period (TWP), or
2. that the prior favorable determination should be reopened and revised to a denial or approved with a later disability onset date.
In either case, paid employment at the SGA level within 12 months of disability onset often means the beneficiary will be overpaid by the time final actions are taken by SSA.
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