"SUBSIDIZED WORK" IN A DISABILITY CASE

I recently received a question that involves what Social Security calls "subsidized work."  Generally, an individual who is working at substantial gainful activity (SGA) level would not be eligible to receive Social Security disability while working.  In 2012, SGA level is gross wages of at least $1,010 per month.  There are certain exceptions, however, and subsidized work is one of them.

 Subsidized work occurs when an individual is given a job just to help him get by and where the employer does not enforce the normal requirements of work activity.  Also, the employer would not hire someone else to perform this work.  Here is an example.

 Let's say that I have a favorite uncle who is not able to work and has a difficult time getting by. I offer him a job in my office as a "courier" and pay him $400 a week to putter around.  He is often unable to come to work and frequently leaves at lunch to go home and rest.  He can also take as many breaks as he wants.  I would not allow typical employees to take off any time they wanted, and in fact, I wouldn't hire anyone else to do this job.  Basically, I'm only paying Uncle Jed to help him out--not for the work he performs. Therefore, Social Security might count this as "subsidized work" and not count it as "substantial gainful activity" in a Title II disability claim.

 Social Security has very strict criteria for defining "subsidized work," some of which I have stated in this post.  

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Charles Forsythe is a partner in the Forsythe Firm in Huntsville, Alabama - a firm engaged exclusively in Social Security disability and SSI adjudication.  The firm may be contacted at (256) 799-0297.  The website is www.forsythefirm.com
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