Can Self-Employed Claimants Be Found Disabled?
It is possible for self-employed persons to apply for and win Social Security benefits, but the evaluation criteria used is different from normal. A Social Security disability law firm in Ocala can help you figure out if you may qualify.
The first step in determining a claimant’s eligibility for disability is whether they are currently engaged in substantial gainful activity. If the claimant is found to be doing that, he or she will be found not disabled. To determine if a self-employed person is performing substantial gainful activity, the SSA will look at three successive tests.
Services and Income
If the claimant is providing significant services and receiving more in income than the Earnings Guidelines specify, then the claimant is engaging in SGA and will be found not disabled. The definition of “significant services” is set forth in the regulations, which a Social Security disability law firm in Ocala can explain to you. If you are the sole worker in the business, then any work you do for it will be considered “significant service.”
Comparability of Work
The claimant’s work activity will be compared to that of unimpaired people who are “in the same community engaged in the same or similar businesses as their means of livelihood.” If it is found to be comparable, the claimant will be found not disabled.
Worth of Work
If the claimant’s work is worth more than the amount stated in the SGA Earnings Guidelines when considered in terms of its contribution to the business, then the claimant is engaged in SGA.
These tests are evaluated based on various rulings and regulations which your Ocala Social Security disability attorney can explain.
If you have questions about whether you will qualify for disability, contact a Social Security disability law firm in Ocala. Call CJ Henry Law Firm, PLLC at 352.304.5300.