Law

Is It Possible To File For SSD Despite Remaining Gainfully Employed?

You are eligible to enroll in Social Security Disability Insurance (SSDI) while still employed; nevertheless, critical considerations must be taken into account. The Social Security Administration (SSA) grants disability benefits to qualified individuals who meet specific criteria, one of which is the need for substantial gainful activity (SGA) to be substantially impeded due to a grievous physical or mental medical condition. According to a Raleigh social security disability attorney, you must be unable to work full-time for a minimum of twelve consecutive months due to your medical condition.

The Substantial Gainful Activity (SGA)

Individuals seeking Social Security Disability (SSDI) benefits are required to furnish substantiating documentation indicating that their monthly earnings and level of employment activity remain below a predetermined threshold, referred to as the SGA threshold. The SSA sets this SGA threshold. In 2023, the monthly SGA eligibility cap for non-blind individuals will be set at $1,350. Your application is not eligible for this program due to your excessively high income. Unless they have adequately severe impairments, individuals with incomes exceeding the SGA are not eligible for disability benefits as defined by the SSA.

As this fulfills one of the program’s technical requirements, you might qualify for SSDI benefits if your income is at or below the SGA mark. To allay the concerns of the Social Security Administration regarding an individual’s ability to sustain employment at or above the SGA, claimants who are consistently able to work below the SGA must nevertheless develop a comprehensive plan to resolve their working conditions throughout the entire disability process.

Consult a Disability Lawyer 

Particularly if you are still employed, navigating the Social Security Disability application process may be challenging. Obtaining counsel and advocacy from a disability attorney who possesses multiple decades of experience in SSDI cases could potentially improve the likelihood of approval for your application.

With the assistance of a disability attorney, you can ascertain whether your present employment situation satisfies the Social Security Administration’s eligibility criteria for disability benefits. 

Furthermore, they can provide pragmatic and straightforward guidance concerning the most efficient approach and obstacles that must be overcome to secure a favorable resolution for your legal action. 

It is of the utmost importance to obtain personalized feedback from a specialized disability attorney concerning the probability of success for your claim, given that every circumstance is unique. You must consult with an attorney who is well-versed in your particular circumstances instead of relying on general advice found online.

Disability Advocates can be of help by:

  1. Assessment of Eligibility
  2. How to Obtain Evidence
  3. Document Administration
  4. Disputes of Appealing Claims
  5. Maximizing Benefits