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Will Social Security Deny My Disability Claim If I Currently Work?

Many people are under the impression their Social Security disability claim will be denied if currently working. If you are currently working,  but not performing what is known as substantial gainful activity, then you may very well be approved for disability benefits.

Every year, the Social Security Administration evaluates a particular monthly substantial gainful activity amount. This is an amount the Social Security Administration considers to be self-supporting. Typically, this is full time work, although part time employment situations may be considered substantial gainful activity if they lead to monthly earnings over the limit for SGA. When you initially file your disability claim, the Social Security claims representative evaluates all work activity you’ve concluded in the previous 15 years, as well as your current work activity, if applicable.

Part of their job is to determine if your current work activity is classified as substantial gainful activity. This can be affected by certain considerations your employer provides which allow you to perform your job, such as additional breaks, increased sick time, or reduced production quotas.

If you are receiving special considerations, your work may not be worth the amount you are being paid. If you argue that your employer is providing special considerations in order to allow you to hold down the job, Social Security will verify the accuracy with your employer.

In the verification process, your employer is asked to determine the value of the actual work you complete. For example, if you are being paid $1000 a month for your work, but your employer indicates your contribution to the company is only worth half of that amount, your earnings for the purposes of determining substantial gainful activity would only be $500 a month. In this particular situation, it could be determined that your work is not substantial gainful activity, even though it may be over the substantial gainful activity monthly earnings amount.

As you can see, there are many different factors influencing how holding a job can affect your ability to receive Social Security disability benefits. Consult with our experienced Brandon disability attorney today by calling 813-375-0098 or contact us online.

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