The first question asked when evaluating your claim for Social Security disability benefits, as your Augusta disability law firm can tell you, is whether you are engaging in any “substantial gainful activity.” If the answer to this question is yes, you will almost certainly be found not disabled and will be denied benefits. Generally, if a person is employed in a job doing work of some sort for an employer on more than an occasional basis, the answer to this question about substantial gainful activity is an easy yes. However, for self-employed persons, the question is a little more complicated. There are three tests used by the Social Security Administration to answer this question.
Three Tests for SGA
- Significant services and income. If a claimant is found to be performing a significant level of services for another party and earning a certain amount of money for those services, then he or she is engaging in SGA and will be found not disabled. The amount of money is determined by the SGA Earnings Guidelines. Even if you are not receiving income for services, you might still be found disabled based on the next tests, as an Augusta disability law firm can explain.
- Comparability of work: Is the claimant performing work that is comparable in terms of hours, skills, duties, energy output, and responsibilities, as that of unimpaired individuals who are engaged in a similar line of work as their livelihood? If so, then the claimant will probably be found not disabled.
- Worth of work: Is the individual’s work activity clearly worth more in terms of value to business than what the SGA Earnings Guidelines specifies for that calendar year? Is it worth more than what an employer would likely pay an employee for such work? If so, the claimant will probably be found not disabled. If your work as a solo operation, then for test 1, you may be found to be performing significant services if you spend any amount of time at all on the business, even if it is just a few hours per month.
Contact an Augusta Disability Law Firm
For more information on whether you might be eligible for disability benefits, contact an Augusta disability attorney at Wilkinson & Magruder, LLP. Call (706) 737-0771.