HOW WORK AFFECTS A DISABILITY CLAIM

Individuals considering a Social Security disability claim should be aware of the following regulation:

"If you are working and the work you are doing is substantial gainful activity, we will find that you are not disabled regardless of your medical condition, age, education or past work experience."  (20 CFR 404.1520(b)).

This is called a Step 1 denial because the denial happens at the first step of the consideration process, before even the medical conditions are evaluated.  In short, a person who is working at 'substantial gainful activity' cannot be disabled according to Social Security's rules.

What is 'substantial gainful activity'?  Usually it refers to wages, salary, commissions or tips (earnings) totaling at least $1,130 per month (gross).  The dollar amount changes year to year to reflect inflation.  $1,130 is the amount used in 2016.

I must point out that this is NOT a means test or financial test.  It is a work test.  The limit of $1,130 is not a limit on how much money a person may receive each month.  It is a limit on how much work a person can do and still receive Social Security disability (SSDI) benefits.  It is intended to prevent persons who are working from getting SSDI benefits.  It does technically permit individuals who work part-time and earn less than $1,130 per month to still qualify for benefits.

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