VR and SDI
Saturday, July 1, 2006 | 0
When you are receiving SSDI benefits, you are subject to the "80% rule"...this means that you are only entitled to an "income" of 80% of your average wages when you stopped working...this "income" is calculated from ALL sources. Whether it is from PD, VR, interest/dividends, all sources. Even if a family member gives you an allowance every month...all of them cannot add up to more than the 80% figure. Of course that said, there is always the exception... in this case it is the COLA which is added on to your base SSDI benefit every January.
VR benefits can be supplemented by advances from your PD award. The base for VRMA is $246.00 per week. If you notify SSA of the amount of your VRMA they will adjust your benefit amount upward to the 80%...subject to your own maximum SSDI benefit. So you don't necessarily have to take the PD advance if the numbers work out OK. You could save the PDA until you finish your VR program.
You also should be sure to discuss your VR program with the people at SSA, you could be eligible for their return to work program. Which allows you to work and make up to, I think it's $900 month now without an offset to your benefit. But once you return to work after finishing your VR program, you will no longer be "disabled" under SSA guidelines. Your benefits will stop once you continue to work through the RTW program, and have consistent qualifying wages. SSDI is only for "permanent total disability" not "temporary" as is WC.
"What if I get better and go back to work?" (from this site... http://www.disabilitysecrets.com/page5-34.html)
The answer to what happens if you get better and go back to work depends on a number of different variables.
For either SSD or SSI disability benefits, a disability claimant is actually allowed to work and still receive consideration for benefits as long as their gross monthly earnings do not exceed the SGA, or substantial gainful activity amount (for more information on SGA, go to the definitions section of this site).
And, of course, there are other considerations. The social security disability and SSi disability evaluation process does allow individuals to attempt to work, even if, ultimately, they find that they cannot sustain their employment. For example, a claimant who returns to work but is unable to stay on the job for at least ninety days may potentially have this classified as an "unsuccessful work attempt". An unsuccessful work attempt will not disqualify a SSD or SSI claimant's application for benefits.
The best thing always to do is KEEP SSA INFORMED as to your condition and ANY change in your status. They can and will find out what you are doing an IF there is an overpayment they have ways to get the money back. They will do everything they can to help you keep your benefits...use their expertise. IF you don't understand something...ask again until you do. The best advise I can give you is to go to the source.
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Article adapted from a post in the California Professional WorkCompForums.
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