Under Social Security guidelines, there is a chance that you could qualify for Social Security disability benefits, even if you are currently employed, so long as your work does not qualify as “substantial gainful activity.” Therefore, in order to determine if you can still qualify for benefits, your Augusta Disability Lawyer will have to look at all aspects of your employment.
The Social Security Administration’s definition of substantial gainful activity comprises two criteria. The first is that the work is substantial, and involves significant physical or mental activity. If you need more help or supervision in order to perform what ordinary people would consider simple tasks, or if the physical and mental demands that your work places on you are minimal, your work may not be substantial.
Gainfulness Usually Depends on Earnings
The second criteria, “gainful,” is perhaps more straightforward. Simply put, if you or your employer profit significantly off of your work, you work is gainful. The Social Security Administration will typically look at your earnings reports in order to make this determination.
The Social Security Administration will also consider any subsidies you might be receiving and how much it costs to accommodate you in the workplace due to your impairment.
Neither Substantial Nor Gainful
In order to be found disabled, the Social Security Administration must decide that your work is neither substantial nor gainful; for example, if your work is found substantial but not gainful, you may not get benefits, even if you are not making enough money to live off of. The Social Security Administration reasons that if you can do part-time substantial work, you are likely capable of doing full-time substantial work.
A Social Security Disability Lawyer Can Help
An Augusta Social Security disability lawyer can help applicants determine whether or not their employment disqualifies them for benefits. It is a relatively simple matter of looking at the gross earnings that you receive from your employer and subtracting the money that the Social Security Administration will not consider, such as expenses for medical accommodations in the workplace, etc. The adjusted figure must then be less than the figure given in the Social Security Administration bylaws.
If you are applying for Social Security disability benefits, call Wilkinson & Magruder, LLP, at 706-737-0771 for an initial consultation with an Augusta Social Security disability lawyer.