How Disability Lawyers in Charlotte NC Assess Substantial Gainful Activity
If you are disabled but still hold a job, our Charlotte Social Security disability attorney can determine whether you are eligible for Social Security disability (SSD) benefits. The viability of your claim will depend on what type of job you can perform, how much you earn, your expenses and whether you receive supplemental income, such as food stamps. Your attorney will assess your condition and a number of factors to determine your chances for receiving SSD.
Disabled While Working
If you earn less than $1,130 per month, you might be eligible for disability benefits. If you earn more than that, your job could be a considered a substantial gainful activity (SGA), which means that you’re less likely to qualify. This earnings threshold is re-evaluated annually and adjusted when the national average wage index changes. To be awarded disability benefits, you must prove that you can’t perform substantial work and that you are unable to earn a gainful income due to your disability.
The first step is proving that you don’t perform substantial activity while working. Your work is insubstantial if you require more assistance than other workers or perform negligible tasks that have little or no benefit to the company.
Next, you must also show that your work is not gainful. This means that if you receive a paycheck, the monthly amount should be lower than the SSA’s limit.
Performing Substantial Work
Unfortunately, if you are able to perform substantial work that is not gainful, your application for SSD might be denied. For example, if your part-time job requires heavy lifting or physical labor, caseworkers can decide that you could perform sedentary work on a full-time basis instead. To prove your disability, you need to show that you are unable to do this type of work.
Assessing an SGA
If you are applying for Social Security benefits, our disability lawyers in Charlotte NC can apply formulas to see whether your employment is a substantial gainful activity. You will need to tell your lawyer what type of job you do, how many hours you work and how much you earn. Using your gross income, your lawyer can deduct qualifying expenses to determine your average earnings. The final number can be compared to the SSA’s guidelines. To learn more about these requirements, visit www.SSA.gov.
Contact Our Disability Lawyers in Charlotte NC
Applying for SSD is a complex process. Give yourself the best chance for a fair outcome by working with an expert. To discuss your case with an experienced Charlotte Social Security disability attorney, contact the Bridgman Law Offices at 877-330-4817.