We recently had a case come out of our Tampa office. In this case, our client had gone back to work. We had the ALJ award benefits none the less.
Going back to work can terminate a claimant’s right to obtain SSDI or SSI benefits. In these cases, if the earnings remain substantial, over $1,000.00 for over seven months, this may be a successful return to substantial gainful employment. Otherwise, it may be a trial work period if it lasts seven consecutive months or more. Sometimes, people get well and they go on to work a full life. So, just because one goes back to work, does not mean that a claimant should withdraw his or her claim. In these sorts of cases, so long as the claimant’s disease or injury prevents work for twelve consecutive months or more, his or her attorney can ask for a “Closed Period of Benefits”. This way, the claimant can get the benefits he paid into and deserves and can go back to work.
