AEGiS-BAR: New Social Security rules benefit working people with HIV

New Social Security rules benefit working people with HIV

Bay Area Reporter - January 26, 2001
Cynthia Laird

The Social Security Administration has issued several new rules that took effect January 1 which enhance current work incentives and will perhaps allow more people with disabilities to test their ability to work. The new rules are part of a package of proposed regulations announced by President Clinton before he left office as part of the 10th anniversary of the Americans with Disabilities Act.

For help in understanding the new regulations, the Positive Resource Center is offering free monthly workshops entitled "Thinking About Working: What Happens to Benefits" on the second Friday of each month from 10 a.m.-noon. The next workshop will be offered Friday, February 9. Mairi McKeever, benefits counseling coordinator at PRC, said, "The SSA rules are very complex and everyone's case is different. If you are thinking of going back to work, don't do it alone. At Positive Resource Center, we cannot emphasize enough just how important it is to attend one of our workshops before starting work."

The first new rule increases the amount a disabled Social Security Disability Insurance (SSDI) and/or a Supplemental Security Income (SSI) beneficiary can earn before earnings indicate that one is performing "substantial gainful activity" (also called SGA). The amount has been raised to $740 a month for 2001 (the amount in 2000 was $700 and prior to July 1999, $500 a month). In following years, the SSA will increase this SGA amount if there is an increase to the national average wage index. SGA is the income level by which the SSA determines whether or not a person is qualified for SSDI or SSI benefits. During the initial application for SSDI and/or SSI and during subsequent reviews to evaluate continued eligibility, the SSA looks at the individual's ability to earn SGA ($740 for 2001). If the applicant or recipient is deemed capable of SGA, the SSA will likely determine that the person is not disabled and does not qualify for SSDI or SSI (regardless of how "ill" or "disabled" that person may be). McKeever noted that although this SGA amount plays a role in some of the Social Security work incentive rules, it is best understood as an arbitrary marker of what constitutes work that is substantial enough to make a person eligible for benefits under Social Security disability regulations.

For recipients of SSDI benefits, this SGA increase will also allow gross earnings of up to $740 each month without a loss of the SSDI check after the trial work period is over. Under the trial work period, SSDI recipients can work up to nine non-consecutive months (called the extended period of eligibility) as long as their earnings fall below SGA.

The new increase and those that may follow are good news for disabled beneficiaries living with HIV who are considering taking a first step toward employment - if that is what they have determined is right for them. McKeever said it is also helpful for those SSDI beneficiaries who are working under the extended period of eligibility because it allows them to make $40 extra before they may get their check discontinued. It is important to note that this change does not apply to recipients of SSI. The second new rule is perhaps even more enticing to those people living with HIV who receive SSDI benefits and are considering work: as of January 1, the amount one can earn before a month counts as a trial work period has increased to $530 (the amount in 2000 and in prior years was $200). Prior to this change, any gross earnings of $200 a month triggered a nine-month trial work period for SSDI recipients. Now, SSDI recipients can earn up to $530 gross each month without using a trial work month, thereby saving these months until they are ready and/or able to make higher wages. It is important to note that this rule also does not apply to SSI recipients.

McKeever reminded people that PRC helps people living with HIV obtain and/or maintain disability benefits and employment. The nonprofit agency serves over 2,500 people each year. For more information about the monthly workshops, call (415) 777-0333.

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