Determining Substantial Gainful Activity With an Atlanta Social Security Disability Attorney
One of the steps in figuring out the amount of benefits you will receive through Social Security is establishing your substantial gainful activity. An Atlanta Social Security disability attorney instructs that, simply put, your work must be both “substantial” and “gainful” to qualify as substantial gainful activity.
Here are examples of when your work may not be considered substantial:
- You are not able to do ordinary or simple tasks at a satisfactory level without help that other people receive for similar work;
- Your work involves minimal duties that makes no or few demands on you;
- Your work offers little or no use to your employer; or
- If self-employed, your work offers little or no use to the operation of your business.
An Atlanta Social Security disability lawyer say that the Social Security Administration defines gainful activity in a very broad sense:
“Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized.” With this in mind, usually only your earnings determine whether work can be considered gainful.
Are you self-employed? If so, you should know that the Social Security Administration will look at how your work activity is a value to your business, even if you are working at a loss.
Did you know that illegal work activity may be considered as gainful activity? The Social Security Administration evaluates work “without regard to legality.”
Whether you are self-employed or you work for someone else, you are allowed by the Social Security Administration deductions from earnings for certain work expenses that may be related to your impairment or condition. Some of these include the following:
- Payments for drug or medical treatment;
- Some transportation costs;
- Vehicular modification;
- Attendant care services; and
- Modification of your home.
These expense rules are reviewed carefully as not all expenses are included.
To determine of your work is substantial gainful activity, the Social Security Administration averages income according to rules that consider the following:
- Nature of your work;
- Period of time that you worked; and
- If the SGA level changed during the time you worked.
To determine your SGA level, check out www.ssa.gov/cola/ or contact Atlanta Social Security disability attorney Louis Lusk at 404-250-7000.