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An Overview of Gainful Employment by the Social Security Administration

Posted on :July 8, 2015Byjpadmin

Man in a wheelchair los angeles disability attorneyIf the Social Security Administration is questioning any work that you do and claiming that you are involved in substantial gainful activity, you might need the help of our Los Angeles disability attorney. In general, the SSA will use three tests when making this ruling.

Type of Work and Earnings

The SSA uses the term substantial gainful activity, or SGA, when determining what type of work a person does. SGA means that the disabled person is working and receiving more than the federal income guidelines allow. These same guidelines are also used for regular employees. Even if the disabled person is not receiving earnings, they still might meet the criteria for SGA based on the following two criteria.

Comparing Work Between Able-Bodied and Disabled Individuals

The SSA will also compare the work done by able-bodied and disabled individuals in terms of the amount of time, level of responsibility, amount of energy, and additional considerations. If the work is similar, then the work will likely meet the definition.

Value of Work Performed

The SSA will then look at similar work done by an unimpaired person and compare it to the value of the work done by the disabled person. The organization will also consider salaries paid according to the SGA guidelines.

Additional Considerations

Over the years, the SSA has enacted other guidelines when considering the definition of “significant services.” If you own a business, then you provide significant services if you are the only employee and work at all. If there is more than one employee, the definition of significant services means that you provide more than half of the working hours necessary to run the business up to a maximum of 45 hours per month related to management activities.

Contact Our Los Angeles Disability Attorney

The professionals at Lowenstein Disability Lawyers, a Law Corporation, look forward to answering your questions about SGA and helping you with your case. You can reach our Los Angeles disability attorney at (800) 954-7752.

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