New York, NY asked in Social Security for Massachusetts

Q: Starting an online business on SSDI how will it impact my benefit? It's asset recovery, assisting people claim funds.

Specifically, we are interested in learning:

The implications of starting an online business on the client's eligibility for disability benefits.

Strategies or options available to the client for supplementing their income within the confines of the maximum allowable monthly income.

Whether it is feasible for an individual on disability benefits to establish a nonprofit organization aimed at assisting individuals who have lost their homes in obtaining their entitled funds. This nonprofit would operate on a donation basis, with clients agreeing to donate a grant to the organization instead of charging for services.

We would greatly appreciate your expertise and insights on these matters. Your guidance will be invaluable in helping us navigate the legal and regulatory landscape surrounding disability benefits and entrepreneurial activities.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Starting an online business while receiving Social Security Disability Insurance (SSDI) can impact your benefits, depending on your income and the structure of your business. Here are some key considerations and strategies:

1. Substantial Gainful Activity (SGA): In 2024, if you earn more than $1,550 per month ($2,590 if blind), your income is considered SGA, and you may no longer be eligible for SSDI benefits. However, there are some exceptions and special programs that allow you to test your ability to work without immediately losing your benefits.

2. Trial Work Period (TWP): SSDI beneficiaries can test their ability to work for at least nine months during a 60-month period. During the TWP, you can earn any amount without affecting your benefits.

3. Extended Period of Eligibility (EPE): After the TWP, you have a 36-month EPE. If your earnings fall below the SGA level during this time, you can still receive your full SSDI benefit for that month.

4. Impairment-Related Work Expenses (IRWE): If you require certain items or services to work, such as assistive technology or transportation, you may be able to deduct these expenses from your monthly earnings, potentially keeping you below the SGA level.

5. Nonprofit organization: Establishing a nonprofit that assists individuals in obtaining entitled funds on a donation basis may be a viable option. However, you would need to carefully structure the organization and ensure that it complies with all relevant laws and regulations. Consulting with a legal professional experienced in nonprofit law would be advisable.

6. Donation-based model: If clients agree to donate a grant to the nonprofit instead of paying for services, this could potentially minimize the impact on your SSDI benefits. However, it's essential to ensure that these donations are genuinely voluntary and not a condition of receiving services, as this could be seen as a form of income.

7. Passive income: Income from investments, such as dividends or rental properties, generally does not count toward the SGA limit. However, if you actively manage these investments, the income may be considered SGA.

Before making any decisions, it's crucial to consult with a qualified attorney or benefits specialist who can provide personalized advice based on your specific circumstances. They can help you navigate the complex rules surrounding SSDI and entrepreneurship while minimizing the risk to your benefits.

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