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Neighborhood
Legal Services, Inc.
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Recent Social Security & SSI Changes
Substantial Gainful Activity (SGA) Rule
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$940 per month, gross earnings... calendar year 2008
$900 per month, gross earnings... calendar year 2007
$860 per month, gross earnings... calendar year 2006
$830 per month, gross earnings... calendar year 2005
Earlier calendar years: $810 per month, gross earnings (2004); $800 per month (2003); $780 per month (2002); $740 per month (2001)
$700 per month, gross earnings... 7/99 through 12/00
$500 per month, gross earnings... 1/90 through 6/99
NOTE: The 2008 SGA amount for persons who are legally blind is $1,570 per month. It was $1500 in 2007, $1,450 in 2006, $1380 per month in 2005, and $1,350 per month in 2004
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Trial Work Period (TWP)
Applies only to Social Security Disability Insurance (SSDI); first 9 months, within 60 consecutive months, that earnings are sufficient for a TWP "services month".
- $670 per month, gross earnings meets services month criteria in 2008
- $640 per month, gross earnings … calendar year 2007
- $620 per month, gross earnings …calendar year 2006
- $590 per month, gross earnings…calendar year 2005
- Earlier calendar years: $580 per month, gross earnings (2004); $570 per month (2003); $560 (2002); $530 per month (2001)
- $200 per month, gross earnings... met services month criteria, 1/90 through 12/00
SSI’s Student Earned Income Exclusion
$1,550 per month, up to a maximum of $6,240 per year... calendar year 2008
$1,510 per month, up to a maximum of $6,100 per year... calendar year 2007
$1,460 per month, up to a maximum of $5,910 per year... calendar year 2006
$1,410 per month, up to a maximum of $5,670 per year... calendar year 2005
NOTE: Applies to students under age 22, attending high school, college, or vocational training.
Section 1619(b) Medicaid
This allows automatic Medicaid to continue if person loses SSI because of wages
For calendar year 2008, New York’s earned income threshold is $43,636 per year
If annual wages are below $43,636 and the other criteria is met, Medicaid will continue
Extended Period of Medicare Eligibility
Effective 10/00, when an SSDI recipient goes to work Medicare continues for the nine-month trial work period and at least 93 additional months.
Prior to 10/00, this rule allowed Medicare to continue for the nine-month trial work period and 39 additional months.
Expedited Reinstatement of SSI or SSDI Benefits
Effective 1/1/01, an SSI or SSDI recipient who lost benefits due to wages can apply for reinstatement and have benefits reinstated (without a new application) if they apply within 60 months of the last month of eligibility, and they meet all eligibility requirements.
Prepared by Neighborhood Legal Services, Inc. - Updated
January 2008
(716) 847-0650 • Work Incentives Hotline: 1-888-224-3272 • www.nls.org
