How does SSA calculate SGA?

[Jon]

I can't believe I have had such a hard time finding a definitive
answer to this question. Also lots of conflicting information out
there on this one.

I am long past the Trial Work Period and the EPE. I am working on my
Work Activity Report. If SSA goes by me actual paydates I am going to
be over for some months since I get paid every two weeks and twice a
year there are three paydays on one month.

If they go by the actual hours I put in for each month I have not gone
over SGA. This seems the fair way to do it although of course they do
not have access to my actual hours worked each month. Also I work
uneven hours. Apparantly they cannot "average" my earnings anymore
either.

Any advice would be extremely helpful! Thank you.

[Jack]

Post by Jon
I can't believe I have had such a hard time finding a definitive
answer to this question. Also lots of conflicting information out
there on this one.
I am long past the Trial Work Period and the EPE. I am working on my
Work Activity Report. If SSA goes by me actual paydates I am going to
be over for some months since I get paid every two weeks and twice a
year there are three paydays on one month.
If they go by the actual hours I put in for each month I have not gone
over SGA. This seems the fair way to do it although of course they do
not have access to my actual hours worked each month. Also I work
uneven hours. Apparantly they cannot "average" my earnings anymore
either.
Any advice would be extremely helpful! Thank you.

Not sure what you mean by: "I am long past the Trial Work Period and
the EPE."

I assume that we're talking about wages and not self-employment.

For SGA purposes, SSA is interested in the amts. you *earned* each
month, not necessarily the amts. *paid*. On the 821, you need to
determine to the best of your ability the amt. of monthly earnings
(not the amt. paid that month). The POMS reference below explains
when averaging is / is not done.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0410505015

DI 10505.015 Averaging Countable Earnings

[Jon]

Post by Jack

Post by Jon
I can't believe I have had such a hard time finding a definitive
answer to this question.  Also lots of conflicting information out
there on this one.
I am long past the Trial Work Period and the EPE.  I am working on my
Work Activity Report.  If SSA goes by me actual paydates I am going to
be over for some months since I get paid every two weeks and twice a
year there are three paydays on one month.
If they go by the actual hours I put in for each month I have not gone
over SGA.  This seems the fair way to do it although of course they do
not have access to my actual hours worked each month.  Also I work
uneven hours.  Apparantly they cannot "average" my earnings anymore
either.
Any advice would be extremely helpful!  Thank you.

Not sure what you mean by: "I am long past the Trial Work Period and
the EPE."
I assume that we're talking about wages and not self-employment.
  For SGA purposes, SSA is interested in the amts. you *earned* each
month, not necessarily the amts. *paid*.  On the 821, you need to
determine to the best of your ability the amt. of monthly earnings
(not the amt. paid that month).  The POMS reference below explains
when averaging is / is not done.
https://secure.ssa.gov/apps10/poms.nsf/lnx/0410505015
DI 10505.015 Averaging Countable Earnings- Hide quoted text -
- Show quoted text -

Thank you for the information. I meant I inititally went on SSDI back
in 1996 and my TWP was completed in 1998. Then the 36 month EPE came
after that as I understand it. So I am long past most of those.

[John]

"Jon" <***@hotmail.com> wrote in message news:48634504-2c20-45e1-a5c3-***@h7g2000yqn.googlegroups.com...
Thank you for the information. I meant I inititally went on SSDI back
in 1996 and my TWP was completed in 1998. Then the 36 month EPE came
after that as I understand it. So I am long past most of those.


I am also past 36 months from being reenrolled on EPE. Do I ever
get another TWP?

[Jack]

Post by Jon
Thank you for the information. I meant I inititally went on SSDI back
in 1996 and my TWP was completed in 1998. Then the 36 month EPE came
after that as I understand it. So I am long past most of those.
I am also past 36 months from being reenrolled on EPE. Do I ever
get another TWP?

You are entitled to one 9-month TWP per period of disability. If you
terminate and later become entitled to disability, you get a new TWP.

If you did not use up all 9 months in a period of disability and the
earlier months occurred more than 60 months ago, you can discount
them.

See:

DI 13010.035 The Trial Work Period (TWP)


https://secure.ssa.gov/apps10/poms.nsf/lnx/0413010035

[John]

Post by Jack

Post by Jon
Thank you for the information. I meant I inititally went on SSDI back
in 1996 and my TWP was completed in 1998. Then the 36 month EPE came
after that as I understand it. So I am long past most of those.
I am also past 36 months from being reenrolled on EPE. Do I ever
get another TWP?

You are entitled to one 9-month TWP per period of disability. If you
terminate and later become entitled to disability, you get a new TWP.

I was terminated after working 14 months. Then I had to stop
working right about the time they told me I was terminated; went for
EPE reinstatement and they put me right back on with no review. That
was nearly 4 years ago. So.....what? How would you interpret the POMS?
It's all Greek to me....

Post by Jack
If you did not use up all 9 months in a period of disability and the
earlier months occurred more than 60 months ago, you can discount
them.
DI 13010.035 The Trial Work Period (TWP)
https://secure.ssa.gov/apps10/poms.nsf/lnx/0413010035

[Jack]

Post by John

Post by Jack

Post by Jon
Thank you for the information. I meant I inititally went on SSDI back
in 1996 and my TWP was completed in 1998. Then the 36 month EPE came
after that as I understand it. So I am long past most of those.
I am also past 36 months from being reenrolled on EPE. Do I ever
get another TWP?

You are entitled to one 9-month TWP per period of disability. If you
terminate and later become entitled to disability, you get a new TWP.

I was terminated after working 14 months. Then I had to stop
working right about the time they told me I was terminated; went for
EPE reinstatement and they put me right back on with no review. That
was nearly 4 years ago. So.....what? How would you interpret the POMS?
It's all Greek to me....

If you start working at this point after the EPE and it is determined
to be SGA, your entitlement will terminate. However you can reapply
for reinstatement under the EXR without filing a new application.
To qualify for EXR, an individual must:

* Not be performing SGA in the month he/she applies for EXR,

* Be unable to work at the SGA level due to his or her medical
condition,

* Have stopped performing SGA within 60 months of his or her prior
termination,

* Have his/her current medical impairment(s) be the same as or related
to the original impairment(s), and

* Be under a disability based on application of the medical
improvement review standard.

Or you can file a new application for a new period of disability. If
your new onset is within 60 months of your prior termination, you will
not be charged with any 5-month waiting period.

PROS and CONS: With the EXR, you must have the same medical
condition. With a new application, if your old condition is no longer
disabling, you can win a favorable determination if your new
impairment is disabling.

But with the EXR, they use the CDR rules for determining disability.
This requires them to jump through more legal hoops. With a new
application, they use the initial adjudicative policies just as in any
new claim.


_________________
https://secure.ssa.gov/apps10/poms.nsf/lnx/0413050001

DI 13050.001 Expedited Reinstatement - Overview
A. Introduction

____________
https://secure.ssa.gov/apps10/poms.nsf/lnx/0413010210

DI 13010.210 Extended Period of Eligibility (EPE) – Overview

Post by John

Post by Jack
If you did not use up all 9 months in a period of disability and the
earlier months occurred more than 60 months ago, you can discount
them.
DI 13010.035 The Trial Work Period (TWP)
https://secure.ssa.gov/apps10/poms.nsf/lnx/0413010035

[e***@yahoo.com]

I am starting the Trial Work period. SGA asked for prior work wages. I have been on SSDI about a year now why are they asking me for this information. I have not worked since I started receiving disability. They want wages prior to my onset date.

[Jack]

Post by e***@yahoo.com
I am starting the Trial Work period. SGA asked for prior work wages. I
have been on SSDI about a year now why are they asking me for this
information. I have not worked since I started receiving disability.
They want wages prior to my onset date.

They are asking for the information because they can.
Just give them the information that they want and stop whining