Recently in Substantial Gainful Activity (SGA) Category

July 2, 2009

Can My Social Security Disability Benefits Run Out?

Vault.JPGAs an Indianapolis Social Security Disability Attorney, many of my clients ask if their Social Security Disability benefits will run out or only last for a short period of time. The answer to this particular question is "no", but there are specific reasons that it may stop. For example, if your disabling condition gets better and/or you have reached recovery, then your payments will stop. Additionally, if you return to work and earn over a certain amount of money per month, again, your payments will stop. The Social Security Administration (SSA) refers to this as "Substantial Gainful Activity" (SGA). In 2009, the SGA is $980/month for non-blind recipients.

The SSA periodically reviews Social Security recipient's files to determine whether or not their disability continues to be severe enough to prevent them from working.

Once you reach retirement age, your Social Security disability benefits will automatically turn into Social Security retirement benefits. The year that you were born will determine at what age Social Security will recognize as your eligible retirement age.

If you have any further questions regarding the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs, please call my law firm and ask for Attorney Scott D. Lewis for a free consultation.

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April 22, 2009

Eligibility for Social Security Disability Benefits while Working

Are you currently employed but are considering filing for Social Security Disability Benefits because you are disabled?  Are you wondering if you make too much money at your job in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs? 

The Social Security Administration (SSA) has a multi-step questioning process in deciding whether or not you are disabled.  The first step in this process is to determine if the claimant is unable to engage in "Substantial Gainful Activity" (SGA).  SGA is defined as any activity that can be done for profit for a specified period of time.  This profit is the money earned from performing this activity and is limited by the SSA.  Do not misinterpret this definition as being "work related" activity but understand that this is any activity that qualifies and is based on the amount of money you have made, or could have made, from the activity. 

The SSA has a specific earnings guideline to determine if you are engaging in Substantial Gainful Activity.  The amount of monthly earnings considered as SGA depends on the nature of a person's disability (blind vs. non-blind individuals).  In 2009, the SGA amount for non-blind individuals is an average of $980 per month and for blind individuals it is an average of $1,640 per month.  If you earn more than these amounts, it's unlikely you will be considered disabled.  Every year, these amounts increase as there are increases in the National Average Wage Index.  When calculating your monthly earnings, you may be able to deduct certain Impairment Related Work Expenses that allow you to be able to work.  For the expenses to be considered an Impairment Related Work Expense, the expense must not be reimbursed, must be related to your disability, and needed in order for you to be able to work.

Contact Indiana Social Security Disability Attorney Scott D. Lewis to discuss your current and past employment earnings.  The Law Office of Scott D. Lewis, Attorney at Law, LLC can provide you more details regarding Substantial Gainful Activity as described by the SSA.

 

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