SSD Attorney in Charlotte Discusses Inclusions and Deductions
Calculations of gross earnings include any bonus payments for work but deduct payments for sick or vacation time. The Social Security Administration (SSA) deducts these payments from gross earnings because its concern is about how much the claimant earns from work actually performed.
The SSA also deducts from monthly earnings certain medical expenses necessitated by the claimant’s impairment. Examples of impairment-related expenses the claimant incurs to be able to work may be particular attendant care, transportation, and job equipment.
Additionally, if there is significant discrepancy between the amount of pay received and the value of the services performed, the work may include a subsidy under SSA rules. It is necessary to subtract the amount of any subsidy from the calculation of earnings. SSA calculates only payments actually earned. A claimant working for a relative, for example, might receive a subsidy. The claimant may perform little actual work and be paid more than the work is worth.
Facts and Documents for Claimant Attorneys
SSA asks claimants about their pay rates and how many hours they work each week. SSA needs to examine all paycheck stubs to calculate the total amount of earnings accurately. When claimants don’t present paycheck stubs, SSA can request from their employers statements of specific monthly earnings.
Claimants who earn more than the monthly limited amount from substantial gainful activity still may qualify for benefits. What counts is average earnings during the overall time period worked. After SSA assembles the earnings information, it applies detailed guidelines from rulings and regulations to calculate average earnings to determine whether they are above or below the substantial gainful activity limit.
Get Help from an SSD Attorney in Charlotte
The Social Security disability evaluation process is bureaucratic and complex. Sometimes its rulings and results defy common sense. The disabled who cannot work should apply for disability benefits and then appeal any denial. SSA denies two-thirds of disability applications, but more than half of the claimants who appeal ultimately succeed. For assistance with a disability claim, a leading SSD attorney in Charlotte has extensive experience in both the application and appeal processes.