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Disability overpayment question

Hi. I receive SSDI due to depression and PTSD. I have a difficult time working at close quarters with people (anxiety), so I've worked mostly part-time work after nothing came through full-time working with Voc Rehab. I have learned that if I can create structure and have some "breathing room" to unwind, I can work a bit more.

I was working at a job that required me to go to a store and rotate and stock products. I was able to get a second job that I would go to after the first. The first job took about an hour; we were required to go back and redo the stocking in the afternoon. From previous employment, I know that mileage between work sites can be deducted. Apparently, I made a bit over SGA; I received an overpayment notice. I went in and tried to explain to the representative that I had structured my employment in such a way that I could work more hours, but I had to use more than one job to accommodate my symptoms. Also, the employer at times requested I stock at a second store, but they didn't pay me mileage. They did tell me to "stay on the clock" during my travel between stores (and I believe that is correct, as I was under the direction of one employer), but I should still be able to deduct the mileage for using my personal vehicle for business. When I tried to explain that I should be able to deduct mileage from my income, the SSA rep either didn't understand what I was trying to say or disagreed.

I also have exacerbations depending on stress levels; the second job was one that I could work but I was not committed to being there every day. This worked for me, too, as I would not have the problems of calling in and probably eventually losing a "regular" job. Besides the mileage issue, I was reading that if your earnings are not steady but sort of zig-zag because of your condition, they are supposed to average it out over the year (I read this in an appeals case. I had 4-5 months that were a bit over SGA, but the rest were pretty low...about $350.

I don't care whether they look at the mileage as IRWE or as employee business expense (and they even mention using form 2106 to record IRWE expenses), but when I traveled from work site to work site, I should be able to deduct mileage as a "regular" person can or as a tool/accommodation that is helping me work more-I want to go back to a more "normal" schedule, but I am having to do this in a step-wise fashion to build up more emotional stamina and practice things from therapy. Is there a way to communicate this more clearly to them? Thank you


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This is out of our area of experience, but here's a little I uncovered on this.

To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses - IRWE) is ordinarily considered to be engaging in SGA.

For 2011, if your income, net of IRWE, is more than $1,000 in a month, you are deemed to be engaged in SGA.

One SSA document states that "Mileage expenses at a rate determined by us for an approved vehicle and limited to travel to and from work" are IRWE deductible.

http://www.ssa.gov/oact/cola/sga.html

http://www.ssa.gov/redbook/eng/ssdi-and-ssi-employments-supports.htm#3

Thank you. I didn't even know about that. I found out the other information after a LOT of research and found some more on IRWE and how to document it last night. It's just really frustrating to deal with...accommodations to improve mental health are not always as "straightforward" as a wheelchair, brace or whatever, but they do make a difference for the better, but SSA isn't very clear on what and how to document, except for medical costs and equipment and possibly, alternate methods of transportation. Your site is very informative and I appreciate the quick response!

Thanks! We're trying to make this site as informative as possible, but it's difficult to help in a very personal way.

Hopefully sharing real-life experiences and information will help folks work through some of the procedures which can be hard to work out in the abstract.

Bless you ;-)


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Not affiliated with the US Social Security Administration