alt.social-security-disability

On Tue, 2 Oct 2007 14:40:23 -0700, "Barry"
wrote:


>Hi Jack, I just found this statement from the link to the POMS that you gave
>and I am uncertain of it's meaning. Can you clarify it for me?
>
>"Work performed after the waiting period, and after the final determination
>date, is protected by the trial work provisions, regardless of whether the
>work occurs less than, or more than, 12 months after onset. "

If your work started after they awarded DIB, the case is no longer an
initial case, and so the TWP provisions apply.

>My date of onset is February 8th 2000. I returned to work in January 2001.
>It is POSSIBLE I earned SGA in the month of February 2001 due to the three
>pay period month that I mentioned previously. Should I be concerned?

Even if they did not do the favorable determination until after 1/01,
in which case you would be under the initial application rules with no
TWP protection, SGA of three consecutive months or less is considered
an unsuccessful work attempt. In fact, even SGA of 3-6 consecutive
months can be considered an unsuccessful work attempt if certain other
conditions are met.

Also, for SGA or TWP purposes, the dates when you are paid are not
crucial. They're concerned with the dates you earned that pay.

For IRS annual income tax purposes and for SSA work credit purposes to
determine which calendar quarter your earnings should be credited, the
dates you are paid are the determining factors even if you earned that
pay earlier, but this is not true for SGA or TWP purposes.