If you have paid social security taxes on your working income then the next consideration will be whether you meet the definition of social security disability[1]. To determine if you meet the definition, social security uses a five-step process to analyze your situation. The first step of the process considers your work activity if any. Social security determines whether you are unable to engage in substantial gainful activity, or SGA for short. More specifically, are you able to work and earn over a certain monthly amount? If you are working, and your earnings gross more than $1,130 per month, you will not qualify for the disability program. This amount changes every year depending upon inflation. If you are not working, or your earnings gross less than $1,130 per month then you may qualify for the program, depending upon the medical severity of your conditions.
What this all means is that even if you are working, as long as you are unable to work and earn more than SGA, you may still apply for the disability program. If you are unsure as to whether you would qualify, call us at the LaBovick Law Group for a free consultation. Our experienced social security staff will discuss your situation with you.
[1] Definition of Disability: Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. (See: Social Security Act)
