DEFINING DISABILITY & SUBSTANTIAL GAINFUL ACTIVITY

According to the SSA

The Social Security Administration (SSA) defines disability in precise terms. For SSA purposes, a disability is an inability to engage in substantial gainful activity due to a severe physical or mental impairment. Notably, this impairment must be expected to last for a continuous period of at least 12 months or result in death. Moreover, for individuals aged 55 and older who are blind, the SSA assesses whether they are unable to perform work that is comparable to their previous employment, considering their blindness.

Substantial v. Gainful

The term “substantial gainful activity” refers to work that involves significant physical or mental effort (i.e., substantial activity) and provides a wage or profit (i.e., gainful activity). To this end, if you earn more than $1,550 per month, the SSA will likely consider you as engaging in substantial gainful activity, meaning you are not eligible, by 2024 standards, for disability benefits.

NOTE: For those who are blind, the 2024 threshold is set higher at $2,590 per month.

Implications

So, what’s the bottom line here? What should you really take away? Here it is: Substantial gainful activity can ruin your disability claim. That is, performing physically or mentally demanding duties for pay, even if you never cash a paycheck, may well disqualify you from receiving the benefits you are otherwise entitled to receive.

And so, if you have any doubts about whether your work qualifies as substantial gainful activity, don’t jeopardize your future—consult with a disability attorney who can answer your questions, restore your confidence, and get you on the right track.