Social Security Disability claims are evaluated using a Five-Step Sequential Evaluation process defined in the Code of Federal Regulations. In part 1 of our six-part blog series, we gave an overview of the Five-Step Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act. Today we review step 1 of the process – Substantial Gainful Activity.
If you are working and the work is found to be substantial gainful activity, SSA will find that you are NOT disabled regardless of your medical condition, age, education or work experience.
So what is substantial gainful activity?
SGA is work that involves significant physical or mental activity for pay or profit regardless of whether or not you were actually paid for the work.
How much money can I earn and still get Social Security Disability?
When applying for SSDI, it is your responsibility to prove that you are not engaged in substantial gainful activity by providing evidence that you are not earning over a certain amount of money or that you could not adequately perform the jobs that you were paid for over lengthy periods of time or without special assistance.
In 2020, those receiving SSDI benefits are able to earn up to $1,260 a month ($2,110 if you are blind) from working. Self employment, part-time, and illegal work are also reviewed. The court can consider both the value of the work and the time spent in determining if the work is considered SGA.
However, just having low earnings doesn’t necessarily mean you’ll be approved for Social Security disability benefits. The Social Security Administration will also look at the nature of the work you did to earn your wages and the circumstances.
When applying for disability, be sure that your attorney has a good understanding and documentation for any work performed.
For a free legal consultation, call 800-562-9830
Getting Help with the Social Security Disability Process
Applying for SSDI or appealing a denial can be a complicated process. It’s important to know what to expect so you can give yourself the best possible chance of success.
In part 3 of this blog series, we’ll look at Step 2 of the Five-Step Sequential Evaluation Process – Severe Impairment. Until then, check out our free resources, which include:
- Downloading free eBooks with the facts you need to know about disability claims.
- Reading our online guide: The Complete Guide to Disability Claims, Insurance and Benefits
- Subscribe to our newsletter, Disability Rights Advocate
- Read articles about Social Security disability benefits and your legal rights.
Ready to talk to a Social Security disability attorney? Call 800.562.9830 to discuss your specific disability issues with an experienced lawyer at Marc Whitehead & Associates.
Call or text 800-562-9830 or complete a Free Case Evaluation form
