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CJ Henry Law Firm, PLLC

An Ocala Disability Lawyer Discusses Substantial Gainful Activity

  • Published: June 24, 2013

What Is “Substantial” Work?

Your Ocala disability attorney can explain that this refers to tasks that require either bodily or psychological exertion. If you cannot complete uncomplicated or everyday duties without guidance or help beyond that which is normally offered, or if your duties require negligible effort on your part, it is probably not “substantial.”

What Is “Gainful” Work?

Gainful work is work for which you are paid or that you do for profit, whether you actually profit by it or not. It is usually decided based on how much money you have been paid.

What If I Own the Business?

In that case, the SSA will examine your position and its importance to the company whether you are realizing a profit or not. This step must not be bypassed by claimants who set their own hours and/or earnings, such as people employed by family members.

Is Unlawful Income Considered?

Yes. Your Ocala disability attorney can tell you that any work you do for money, legal or not, can be considered substantial gainful activity.

Can I Deduct Expenses?

Yes. You can deduct such items as medications for your impairment, adaptations to your home or vehicle, nursing or other help, bus or cab fares, etc. This should be carefully examined so that nothing that does qualify is omitted and nothing that does not qualify is included.

How Is SGA Calculated?

The SSA calculates substantial gainful activity (SGA) according to regulations that take into account the type of work, how long you worked and any alterations to the SGA level that occurred during the years of employment. The threshold for SGA has increased in recent years due to higher living expenses in place since 2001. Fur current amounts, visit www.ssa.gov/cola/.

An Ocala Disability Attorney Can Help

For more information about substantial gainful activity and how the SSA will evaluate your disability claim, contact an Ocala disability attorney at the CJ Henry Law Firm, PLLC at 352-304-5300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
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