It used to be the case that work deductions could be imposed against social security disability benefits for a refusal to accept vocational rehabilitation services. This was section 222(b) of the Social Security Act, which has long since been repealed.

In one case in the ‘60’s a totally deaf individual, R, who was receiving disability benefits was offered vocational rehabilitation services. He refused such services unless he could be guaranteed a minimum wage of $2.25 per hour (which would be about $16 per hour in today’s dollars, after adjusting for inflation), lifetime employment, and a position within expectorating distance from his home town.

It was held that R’s conditions were unreasonable, and work deductions were imposed.

See Social Security Ruling (SSR) 64-13.

These days, happily, Social Security takes a different tack and instead offers incentives for disabled workers to test their ability to work for a period of time without risking loss of their benefits. There is a trial work period of 9 months in any rolling 60 month period in which a disabled person can test their ability to work and earn any amount of money without jeopardizing their benefits.

For the year 2018, any month in which an individual on disability earns more than $880 is considered a month of services for the person’s trial work period.

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.