R was severely injured on the job on November 19, 1961 at age 35. He suffered a serious accident in which his right leg was amputated above the knee, his hip sustained permanent deformity, and he suffered other major injuries. He applied for and received social security disability insurance benefits for himself and dependent benefits for his wife and children.

Following his accident R could not stand or walk unassisted. He underwent an intensive 18 month program of rehabilitation. He gained some mild degree of improvement. But he could not return to his prior work as a machine operator.

In April 1964 R’s former employer offered him a light duty job, which he accepted. He continued in this employment, earning income at a level that social security considered to be substantial gainful activity.

In January 1965 Social Security requested an updated report from R about his work activity. He reported that he continued to work for his employer as a production clerk.

There are two basic ways in which disability are terminated. One is when a disabled beneficiary achieves significant medical improvement. The other is when the person engages in substantial work for profit for an extended period of time.

Because R had not experienced significant medical improvement, he was entitled to the protection of a trial work period. A trial work period is a 9 month period in which a disabled person may test their ability to work and earn any sum of money without jeopardizing their disability benefits. The 9 months do not need to be consecutive. The trial work period protect nine months of work in any rolling five-year period.

However, if the substantial work activity continues beyond the nine month trial work period, then the disability ceases and disability insurance benefits are terminated at the end of the second month following the month in which the disability ceased.

Because R’s disability ceased in January, 1965 (following his nine month trial work period), his disability insurance benefits terminated as of March 31st, 1965, the end of the second month following the month in which his disability ended. Because his benefits terminated, so did those of his dependent wife and children.

See Social Security Ruling (SSR) 65-62.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.