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Part of the Series Financial Planning for Families with DisabilitiesSupplemental Security Income
Special Needs Trust
Other Sources of Income
Healthcare and Long Term Care
If you receive Social Security disability benefits, there’s a strict limit on how much income you can earn each month from working before you risk losing your benefits. Still, there’s no limit to the amount of unearned income you can have, which means that investments can be an exceptionally valuable way to build wealth.
According to the Social Security Administration (SSA), “Social Security pays benefits to people who can’t work because they have a medical condition that’s expected to last at least one year or result in death.”
To qualify for disability benefits, you must meet two earnings tests:
In addition to the two earnings tests, the SSA considers the following when making its determination: your medical condition, when it started, how it limits your activities, your medical test results, and the medical treatments you’ve received.
If you qualify for benefits, you will continue to receive them until you return to work on a regular basis. If you are receiving disability benefits when you reach full retirement age—67 for people born in 1960 and later—your disability benefits will automatically convert to retirement benefits. The benefit amount will remain the same.
There are limits on the amount of monthly income a recipient of disability benefits can earn. The numbers are adjusted annually for inflation.
For 2024, the monthly income limit is $2,590 for blind people and $1,550 per month for all others. For 2023, the limits are $2,460 for blind people and $1,470 for all others.
If you can earn more than these amounts, the SSA deems you capable of engaging in “substantial gainful activity,” which prevents you from qualifying for benefits.
If you work while receiving SSD benefits, you have to report that income to the SSA, no matter how little you earn. During a trial work period of up to nine months (not necessarily in a row), you can have unlimited earnings and still receive full benefits. Once the trial work period is over, the SSA will determine if you’re still entitled to disability benefits.
“SSD recipients are allowed to earn some income for a limited time and limited amount, mainly to fully test their potential ability to return to work and leave the SSD rolls,” says David Gantt, an Asheville, North Carolina, lawyer who handles a large volume of SSD cases. “Once these very limited times and amounts are exceeded, the Social Security Administration will review any reported income and make [an] inquiry and/or an investigation.”
Income can be earned or unearned. Earned income is money that you make while actively working for either an employer or yourself. It includes wages, salaries, tips, bonuses, net earnings from self-employment, contract work, certain royalties, and union strike benefits.
This type of income counts against your monthly maximum for SSD eligibility.
Unearned income is money that you get from any source other than work. It doesn’t count against the monthly income limits for disability payments.
Examples of unearned income include:
“Some of our clients who receive SS disability checks (SSD) also have investment income from financial documents (stock, trusts, bonds), rental property, or other passive income sources,” says Gantt.
Keep in mind that if you have investment income, the SSA is likely to want a closer look. “Current technology helps flag questionable investment income info,” says Gantt. “I tell my clients who move in [the] investment arena to expect questions and [a] review.”
One way to prepare for questions is to use an affidavit. “Financial investments are generally passive by nature. For true passive income earnings, we encourage SSD clients to be prepared to sign affidavits that they took no action on the investment income subject that could convert the income to the earned legal category,” says Gantt.
Someone who receives SSD benefits can invest in securities such as stocks, bonds, exchange-traded funds (ETFs), and real estate investment trusts (REITs) without jeopardizing their benefits. Dividend income from stocks is OK as far as the SSA is concerned because it’s unearned income.
“The key is whether the investment income is earned or not,” says Gantt. “Passive income is not earned in the legal meaning of SS law and not counted as evidence of an ability to work.”
Income from real estate investments can count as earned or unearned, depending on the situation. If you want to invest in real estate, you can buy real estate stocks, funds, and REITs without jeopardizing your benefits, as these investments are a passive (unearned) income source.
But what about buying physical real estate, such as a rental property? “Actually, ownership of rental property without any activity has been approved and authorized in some cases we handled,” says Gantt. “However, most landlord-owners are also taking actions (remodeling, plumbing, electrical, mowing, etc.) that push resultant income from passive to earned income.”
Because real estate investments can be a bit of a gray area, “we encourage clients to determine the passive vs. earned income appearance and proof considerations before starting investment income,” says Gantt. “[Our clients] are cautioned that active participation in rental property can lead to a finding that the existing disability has lifted, and [they] are no longer SSD eligible.”
If you are interested in investing in physical real estate—and preserving your SSD benefits along the way—plan on speaking with an experienced disability attorney who can help ensure that any income remains passive. Otherwise, it’s best to stick with real estate stocks, funds, and REITs.
There are actually two types of disability program under the Social Security Administration;
Social Security has an online tool that can help you identify whether you are eligible for benefits.
The application process is complicated and slow. It may be 90 days or more before your application is approved. If your application is rejected and you appeal, the average time for processing the appeal was 182 days in 2022, according to the agency's own data.
Private disability insurance is one way to prevent a lengthy income disruption if you become disabled.
When a recipient of Social Security Disability benefits dies, the payments cease immediately. However, a dependent may be eligible to receive benefits.
If you collect SSD benefits in 2023, you could have earned up to $1,470 per month ($2,460 if you're blind) without risking your benefits.
Meanwhile, the estimated average Social Security disability benefit as of September 2023 was $1,671, according to data from the Social Security Administration (SSA).
Combined, that's $3,141 per month ($1,470 + $1,671), or approximately $37,692 for all of 2023—a total income that might fall short of what you need to live comfortably.
Investment income offers a valuable opportunity for people with disabilities to buffer their budgets and build wealth.