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Rules Regarding Social Security Disability

Posted by: Rubin Guttman
June 14, 2011
Topic: Social Security Disability

Generally speaking someone who earns over $1,000 a month is ineligible for social security disability because they are able to engage in "substantial gainful activity (SGA)." But there can be circumstances in which you may earn a lot more than $1,000 per month and still be eligible for social security disability (but not SSI) because you will have been found to be engaging in gainful but not "substantial" activity for social security purposes. This may be the case where you employer makes substantial accommodations for your disability allowing you to work where someone else might not. For example a compassionate employer might allow a Veteran to take off 3 days per week and still let you keep your job. If your hourly earning rate was significant you might earn far in excess of SGA levels but, according to one recent court decision be eligible for social security disability because your earnings were gainful but not substantial. The moral of this story is that even if you think you may not qualify for social security disability you should always let an experienced law firm evaluate your claim to see whether there is a basis for proceeding.


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