Under the rules of Social Security, a person capable of substantial gainful activity, also referred to as SGA, isn’t eligible to receive disability benefits. SGA is productive, significant mental or physical work, and the determination of what’s considered SGA can be difficult in cases of subsidized or self-employment. Generally, a person earning over the SGA threshold cannot be considered disabled, but there are limited exceptions.
Can a Person be Eligible for SSDI if They’re Working?
The SSA defines disability as a person’s inability to participate in SGA due to medical issues lasting a year, or those that are terminal. If a person is performing SGA, even if they hire a social security attorney in Fort Worth TX, the application will summarily be denied. If the person’s monthly wages don’t meet the threshold of SGA, as with a part-time job, the applicant will make it throug the initial steps in disability determination. Certain situations exist where SGA cannot prevent a person from getting disability benefits.
In subsidized employment, a person receives more pay than their work is worth. Those working for family or who are placed in vocational rehab programs will get special considerations, and the SSA tries to determine the service’s actual value. Therefore, someone earning under the SGA limit in a subsidized situation can still be deemed disabled.
Trial periods are allowed for those already receiving SSDI. During the trial, the person may exceed the SGA threshold for nine months over a five-year rolling period?while still getting monthly disability benefits. These trials are meant to encourage SSDI recipients to return to work.
Income and SGA
All wages are counted, but other income sources such as gifts, investments, and interest don’t count. In many cases, a disabled person will have work expenses related to their impairment, and a Social Security Attorney in Fort Worth TX, will tell a client that these costs are deducted when calculating SGA.
If a Person is Self-Employed
Determining a self-employed person’s SGA is difficult for the Social Security Administration. In many cases, a business’ net profits aren’t related to the level of work performed. To rectify the situation, Social Security considers the nature of the person’s work, how activities compare to those of similar businesses, and the amount another person would make for doing the work.
