Tag Archives: substantial gainful activity
STEP FIVE: THE BURDEN OF PROOF SHIFTS TO THE SSA
SSA’S SEQUENTIAL EVALUATION IS A FIVE STEP PROCESS The SSA uses a five step review process to see if you qualify for SSDI and SSI benefits. Each step involves a question. The answer to the question helps the SSA know what to do with your claim. Depending on the answer, the SSA can deny… Read More »
THE FIVE STEP PROCESS TO QUALIFY FOR SSD BENEFITS
WHAT IS THE FIVE STEP PROCESS TO WIN SSD BENEFITS? INTRODUCTION TO SSA’S SEQUENTIAL EVALUATION PROCESS The SSA has a five step review process that they use to see if you qualify for SSDI and SSI benefits. Each step is a question that helps the SSA know what to do with your claim. Depending… Read More »
WHAT IS A TRIAL WORK PERIOD?
A trial work period is a nine month period of time during a 5 year rolling timeframe. During these 5 years, you can try to “work” while still receiving SSDI benefits. You have 9 months, in a 5 year period, to earn over $1110 and still receive your SSD payments. For 2024, a trial work period begins when you earn more than $1110 in one month. If you are considering going back to work while on SSDI payments, then it is essential to consult an attorney to know your options before you start working. If you don’t, then you could end up with an overpayment of SSDI benefits and you will have to pay them back.
WORK CREDITS & SSDI BENEFITS
To qualify for Social Security Disability Insurance (SSDI) benefits, you need to accumulate work credits through regular contributions to the SSDI program. Your contributions are made through FICA taxes if you are employed. Or, through SECA taxes if you’re self-employed. Typically, you need a minimum of 10 years of work to be insured for benefits. However, the number of work credits can vary based upon your age at the time of disability onset. Generally, you need 40 credits, with 20 earned in the last decade preceding your inability to work. You can earn up to 4 work credits per year.
CAN SOCIAL SECURITY TAKE AWAY YOUR BENEFITS?
Can Social Security cease or take away your disability benefits? This is one of the most common questions we hear at Cannon Disability Law. And the short answer is “yes.” Even if you win benefits, the SSA can cease or take away your benefits. This is true whether you receive SSDI or SSI benefits…. Read More »
ARE YOU WORKING? IF SO, ARE YOU ELIGIBLE FOR DISABILITY BENEFITS?
WHAT IS THE DEFINITION OF “WORK” FOR THE SSA? If you are working, according to how the SSA defines work, then you cannot be paid SSDI or SSI benefits. However, work has a very specific meaning under SSA’s rules. The SSA calls work “substantial gainful activity“(SGA). A person who is earning more than a… Read More »