Often I get a question about working part time and applying for Social Security disability. In many situations the claimant is not able to work but is trying to work part time while the disability application grinds through the process. The question logically arises, will working cause Social Security to deny the application - even if the claimant's work does not each the level of substantial gainful activity (SGA)?
The answer is - maybe. In 2012 the standard for SGA is pretax earnings of $1010 per month. If an individual earns less than SGA he or she is not disqualifed for disability benefits because of the earnings. But there is more to the story.
I will quote from 20 CFR 416.971. "Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did. We will consider all of the medical and vocational evidence in your file to decide whether or not you have the ability to engage in substantial gainful activity."
The truth is that this is a subjective "gray" area - not black and white. I was recently in a discussion group with Social Security attorneys and advocates. One took the position that even unpaid work as a volunteer could show the ability to perform substantial gainful activity. She pointed out that "Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized." (CFR 416.972(b). Another attorney pointed out the next paragraph:
"Generally, we do not consider activities like taking care of yourself, household tasks, hobbies, therapy, school attendance, club activities or social programs to be substantial gainful activity."
Nonetheless, I've seen administrative law judges take activities of daily living - such as exercise, house or yard work, or working on your car as evidence of the ability to perform work activity. Given the choice, I rather that my clients not be engaged in activities that "could be performed for pay," even if they're not getting paid.
You may also want to view my post titled "Can You Work and Get SS Disability?"
The following link will connect you to my website for more information about Social Security disability.
You may need help winning Social Security disability. If you live in Alabama or Middle Tennessee, we may be able to help you.
The answer is - maybe. In 2012 the standard for SGA is pretax earnings of $1010 per month. If an individual earns less than SGA he or she is not disqualifed for disability benefits because of the earnings. But there is more to the story.
I will quote from 20 CFR 416.971. "Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did. We will consider all of the medical and vocational evidence in your file to decide whether or not you have the ability to engage in substantial gainful activity."
The truth is that this is a subjective "gray" area - not black and white. I was recently in a discussion group with Social Security attorneys and advocates. One took the position that even unpaid work as a volunteer could show the ability to perform substantial gainful activity. She pointed out that "Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized." (CFR 416.972(b). Another attorney pointed out the next paragraph:
"Generally, we do not consider activities like taking care of yourself, household tasks, hobbies, therapy, school attendance, club activities or social programs to be substantial gainful activity."
Nonetheless, I've seen administrative law judges take activities of daily living - such as exercise, house or yard work, or working on your car as evidence of the ability to perform work activity. Given the choice, I rather that my clients not be engaged in activities that "could be performed for pay," even if they're not getting paid.
You may also want to view my post titled "Can You Work and Get SS Disability?"
The following link will connect you to my website for more information about Social Security disability.
You may need help winning Social Security disability. If you live in Alabama or Middle Tennessee, we may be able to help you.
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