Disability Law

When Social Security evaluates a disability claim, the first issue they resolve is whether you are engaged in substantial gainful activity (SGA.) As an employee, the amount of monthly earnings are considered. Each year the earnings threshold changes by regulation. The SGA amount for 2010 is $1,000 per month.

If you are an employee earning more than $1,000 per month, you are probably not eligible for Social Security disability benefits. See 20 C.F.R. 404.1574. I say probably not, because other factors can be considered, including impairment-related work expenses and unsuccessful work attempts.

If you are self-employed, the test for SGA is more complicated. See 20 C.F.R. 1575.

Thanks to fellow blogger on disability, attorney Gordon Gates of Maine, for posting on the above revised SGA numbers for 2010.