Having a Daytona Social Security attorney guide you through the disability benefits application process is key, particularly in addressing the complex issue of Substantial Gainful Activity (SGA). Our seasoned attorneys can effectively identify and explain instances of SGA that you might unknowingly be involved in, helping to avoid potential obstacles.
If you are receiving Social Security Disability Insurance (SSDI) and considering employment, you may worry about losing your benefits. Fortunately, the Social Security Administration (SSA) has implemented a framework called “Substantial Gainful Activity” to facilitate and encourage work, even part-time, for those who rely on these benefits. This system aims to support SSDI recipients in their employment endeavors without the fear of instantly losing their essential financial assistance.
Substantial Gainful Activity refers to the income a person can earn while still considered disabled. SGA is a factor that determines initial eligibility for Social Security disability benefits or Supplemental Security Income (SSI). Suppose you receive SSDI benefits and return to work after a Trial Work Period (TWP). In that case, SGA is also used to decide whether you should keep receiving benefits. For those receiving SSI based on disability, different standards determine if benefits should continue.
The SSA usually looks at earnings to determine if your work qualifies as SGA. The income amount they consider as SGA is updated annually and varies depending on your type of disability and its effect on your working abilities.
Definition of Gainful Activity
Per the SSA’s definition, “gainful” activity is:
- Work performed for pay or profit
- Work of a nature generally performed for pay or profit
- Work intended for profit, whether or not a profit is realized
More specifically, gainful activity is how much a person can earn while still considered disabled. The 2023 monthly SGA amount for someone who can see is $1,470, and $2,460 for someone who is blind. If your monthly income exceeds these set amounts, you are considered a person engaging in SGA and are consequently at risk of losing your benefits.
Definition of Substantial Activity
Per the SSA’s definition, “substantial” is in reference to competitive work or work that involves doing significant physical or mental activities, or a combination of both. This type includes a full-time job with regular shifts and expectations to meet specific performance standards without special accommodations for disabilities. It is important to note that while all Substantial Gainful Activity is work, not all work is considered Substantial Gainful Activity. This allows a person to make more than the set SGA monthly income amounts but still be considered disabled under certain circumstances.
How Are the SGA Amounts Determined?
The Three Tests
If you are self-employed and not blind, your work for SGA is evaluated based on several factors, such as how long you have been receiving SSDI benefits and the reason for the evaluation. One way to conduct this evaluation is to use the Three Tests. This type of evaluation is used when you first apply for SSDI and during the re-entitlement period to see if your benefits can be reinstated.
Your self-employment work is considered SGA if one of these conditions is met:
- You provide significant services to the business and earn over the SGA level.
- Your work is comparable to the work of someone without a disability in the same or similar industry.
- Your work is worth more than the SGA-level earnings when considering its effects on the business.
The Countable Income Test
This test is applied if you have been receiving SSDI benefits for at least 24 months. This test only determines if you have engaged in SGA and if your disability has ended due to this work.
The Role of a Daytona Social Security Attorney in SGA
Hiring our law firm as your Daytona Social Security attorney can help you navigate the intricacies of the various SGA rules and how your application for disability benefits could be affected by your employment status. We can assist you in the application process, ensuring your ability to engage in SGA is accurately represented. If your application is denied due to SGA, we are ready to file an appeal on your behalf. Contact us today for your free consultation.