Our Social Security New Rochelle Lawyer Explains Substantial Gainful Activity

February 11,2014
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Our Social Security New Rochelle attorneys can explain substantial gainful activity and how it affects your case in order to help you determine if you qualify for Social Security disability benefits. Under certain conditions, the Social Security Administration might still find that you are “disabled” according to the established guidelines even if you continue to work. Your lawyer will review various factors when trying to determine benefit eligibility. He or she will ask the following questions:

  • What kind of job do you have?
  • How much money do you earn?
  • What is your role at the company?
  • Do you receive additional subsidies?
  • Do you spend anything for impairment-related expenses for your job? If so, how much?

Determining the Type of Work That You Do

If you are involved in “substantial gainful activity” at your place of employment, you will not be considered disabled under the SSA guidelines. In order for you to be disqualified, your work needs to meet both of the following criteria:

  1. “Substantial” – Your work includes significant mental or physical exertion. The SSA might rule that your work is not substantial if you need additional help and direction to do a basic task or if you do very basic tasks that do not challenge you and that provide little if any benefit to the business.
  2. “Gainful” – People generally do this type of work in order to earn money. The SSA considers consistent work where an employee receives payment to be “gainful.” If the tasks that you perform at your job are considered substantial, you might not qualify for SSD benefits, even if the work is not gainful. For example, you might need to show that you cannot do a sedentary task full time. But if you have a part-time, heavy-duty job, you will not qualify for SSD benefits, even if you income falls below the threshold amount. The SSA will see that you are doing heavy-duty work even for a few hours per week, and they will rule that you can probably hold down full-time sedentary work. Talk to one of our knowledgeable lawyers for additional Social Security disability hearing tips.

Claimants Who Do Not Meet the Minimum Level for “Substantial Gainful Activity”

Our Social Security New Rochelle attorneys can help clients determine if they earn less than the minimum threshold amount for the SGA. We take the following steps:

  1. We calculate your gross earnings.
  2. Next, we subtract deductions
  3. We then average your earnings.
  4. Finally, we compare your wages with the SGA earning guides according to the Social Security regulations, which charge annually.

Contact Our Social Security New Rochelle Attorney

For more Social Security disability hearing tips, you can reach the law firm of Hermann Law Group, PLLC at (914) 286-3030.