A Lowell Disability Lawyer Discusses Three Substantial Gainful Activity Tests
When you meet with your Lowell disability lawyer and are self-employed, they will advise you about the three tests the Social Security Administration employs in order to determine whether you are engaged in substantial gainful activity, or SGA. If you are, your claim may be denied.
The First Test
The Social Security Administration has SGA guidelines that provide the maximum amounts that can be earned while not qualifying as substantial income. Under the first test, you will be found to be involved in SGA if your income exceeds those limits and the services you provide are significant. Even if you pass the first test, the agency may still find that you have been involved in SGA if either of the other tests apply.
The Second Test
The next test looks at how your work compares to that performed by people in your community who are not disabled. They will consider the number of hours you work, your responsibilities, how much energy is required, and the skills involved in comparison with those who are unimpaired. If your work is comparable, you will be found to be engaging in SGA.
The Third Test
Even if your work is not comparable, it may be deemed as SGA if it is worth more to the business than what is listed in the guidelines. They will consider the value of your work to the business itself for this test.
Other Considerations
If you are a sole proprietor, your work will be deemed significant even if you work very few hours. If more than one person runs it, your work will be considered significant if you provide more than half of the work.
Contact a Lowell Disability Lawyer
If you are self-employed and are applying for disability, you may need to get help from a Lowell disability lawyer. You can schedule a consultation with a Lowell disability lawyer at the Palma Law Offices, P.C., by calling us at (888)295-4955.
