WHY WORRY ABOUT 'SUBSTANTIAL GAINFUL ACTIVITY'

You have applied for Social Security Disability (SSDI) benefits.  The first thing they want to know is whether you are now working at 'substantial gainful activity'
 or SGA for short.  If you are, you are not entitled to benefits no matter how severe your impairments are.

What is SGA, anyway, and why the big fuss?  Social Security takes the attitude that if a person is engaged in substantial work activity they are definitely not disabled under the law, not entitled to any SSDI or SSI benefit.

In 2016, you are performing substantial gainful activity if you are working and earning at least $1,130 from this work (before tax).

Note:  It is not the income that is disqualifying, it is the work activity.

There are no means tests (financial tests) for SSDI benefits. An individual does not have to be poor to get SSDI. For example, a person might receive a pension or private retirement income and still get SSDI.  He or she might receive child support payments, alimony, annuities, or income from investments or rental properties, and still qualify for SSDI.  But if that income comes from working, whether salary, wages, commissions, tips, or whatever--then $1,130 per month is the limit.

So, the first thing Social Security will look at is the work activity that the claimant is now performing.  Does it rise to the level of substantial gainful activity?  If not, the case can go forward.  If the claimant is engaged in SGA, however, the claim stops at step 1.  The medical evidence will not even be considered.

Common Question:  "I am still working full time.  However, I am being forced into medical retirement in 6 months because of my poor health.  May I apply for SSDI now, so the benefit can be ready when I actually stop working in 6 months?"  ANSWER:  Unfortunately, no.  Social Security will look at your work as of the application date.  You cannot be approved for a future disability, even if you know when you will stop working.

NOTE:  There are special rules for Wounded Warriors, disabled veterans who became disabled while in active military service.  They may be able to apply for SSDI while still receiving active military pay if they are unable to perform their job duties.