Substantial Gainful Activity and Social Security Disability

When applying for Social Security disability benefits one of the first factors that the Social Security Administration (SSA) will look at is if you are unable to perform substantial gainful activity. To determine substantial gainful activity, the SSA evaluates your wages and nature of your disability.

When you are seeking to file for Social Security disability benefits, or if you are receiving benefits and are unsure about your work status, a Ft. Lauderdale Social Security attorney can help. Your attorney can review your work situation, calculate your eligible wages, and help you determine your options.

Defining Substantial Gainful Activity

The nature of your work is not so much a factor as are the wages you earn from your employment. Every year, the SSA evaluates the national average wage index and adjusts the threshold for determining wage limits for substantial gainful activity. Currently, a disabled person may earn up to $1,000 monthly without being considered to be engaged in substantial gainful activity.

If this wage cap is surpassed, the individual may lose their Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. If a person is considered statutorily blind, their wage cap is $1,640 per month and their level of substantial gainful activity only impacts their SSDI benefits.

Trial Work Period and Substantial Gainful Activity

If there is progress in the treatment of your disability and you want to try to go back to work, you may do so under certain conditions and still receive Social Security disability benefits. If you are engaged in substantial gainful activity for a period of 9 months you are considered to be in a trial work period. The 9 months in which you earn more than $720 per month must be completed within a 60-month timeframe, but do not have to be consecutive. During this time, you are still eligible for your Social Security disability benefits.

If you successfully complete the trial work period, you are considered able to perform substantial gainful activity. You will have a period of 36 months where your benefits will continue as long as your wages do not surpass $1,000. When your benefits stop because you are engaged in substantial gainful activity you will be able to reestablish them quickly through expedited processing if your disability prevents you from working again within 5 years.

Purpose of Substantial Gainful Activity Evaluation

The evaluation and monitoring of your ability to perform substantial gainful activity is done to help encourage disabled individuals to attempt to return to work when they are able to. Many disabled individuals fear that any attempt to work will cut off their benefits, and if the attempt is unsuccessful they will be left with no source of income.

The trial work and extended eligibility periods allow disabled individuals to safety attempt to return to substantial gainful activity without risking the support of their Social Security disability benefits during that time. Once they have either successfully returned to working, or they have shown they cannot perform substantial gainful activity, their Social Security disability benefits are reviewed and adjusted as needed.

Contacting a Ft. Lauderdale Social Security Disability Attorney

If you or your dependant child have been diagnosed with a severe physical or mental disability, you may qualify for Social Security disability benefits. Contact a Social Security disability attorney who can help determine your eligibility.

Get a FREE Social Security disability guide and avoid the common mistakes many claimants make during their application or appeal. If you or your loved are suffering from a severe physical or mental disability, contact The Law Offices of LaVan & Neidenberg, P.A. 1-888-234-5758

You want the upper-hand on your Social Security Disability claim - don't you? Then request a FREE copy of our publication Secrets Social Security Won't Tell You to learn valuable insider tips on how you can increase the chances of winning your claim. This report normally sells for $14.95 but we will send it to you at no cost if you ACT NOW!