Skip to main content

WHAT DOES SOCIAL SECURITY MEAN BY "SUBSTANTIAL GAINFUL ACTIVITY" OR SGA?

 Substantial Gainful Activity, or SGA is a term used by Social Security to determine whether you are gainfully employed.

If you are gainfully employed you cannot receive disability benefits.

In 2023, you are engaged in Substantial Gainful Activity (work) if you earn at least $1,470 per month (gross) from wages, tips, commissions or self-employment.  If you are working at SGA you are not eligible for disability or SSI benefits, no matter how sick or disabled you may be.  

n 2024, you will not be engaged in Substantial Gainful Activity unless you work and earn at least $1,550 per month (gross).  So, if you work and earn less than $1,550 per month (in 2024) you could be disabled.

Social Security goes to great lengths to assure that nobody who is working at SGA level can receive a disability benefit.  We get calls from individuals regularly who could probably prove that they are disabled, except for one thing:  they are working and earning wages above the SGA limit.

Can a person who only works part-time qualify for Social Security disability?  Yes, if their earnings are below the SGA level:  $1,470 per month in 2023 or $1,550 per month in 2024.

A word of caution is in order:  Even if your wages are technically below the defined SGA limit, your work can draw the attention of Social Security.  For example, you work 3 days a week but you earn $1,420 per month (gross).  This is technically below the SGA limit of $1,470 per month in 2023.  But, a decision maker may decide that if you are able to earn $1,420 per month you  could earn $1,470 if you really wanted to.

An individual who earns $800 per month is certainly under the SGA limit.  But a person who earns $1,400 per month is technically under the SGA limit but practically may be questionable.

Comments

Post a Comment

Popular posts from this blog

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...
Post a Comment
Read more

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...
Post a Comment
Read more