Yesterday, I talked about the sequential evaluation process that SSA uses to determine whether an individual is disabled.  Today, I am going to begin a discussion to explain each step in greater detail.

As you will recall, the first step of evaluation is to determine whether the individual who his claiming disability is currently engaged in “substantial gainful activity” (SGA).  If an individual is participating in SGA, he can not be found disabled.  In short, the question is whether the individual is currently working.  However, not all work will preclude a finding of disabled.

SSA classifies work as SGA only when it is, as the name implies, “substantial” and “gainful.”  To be substantial the work must involve doing significant physical or mental activities.  To be gainful the work must be done for pay or profit.  (Beware that self employed work done at a realized loss can still be found gainful.)  SSA has currently set threshold amounts of monthly income that it considers gainful activity.  You can find those amounts at SSA’s website here.  Not that this would apply to any of my readers, but career criminals should know that illegal activity can and will also be found to be substantial activity.  You probably have bigger problems than disability if this applies to you.

Bottom-line, if you are working and making more than the SGA threshold ($940 in 2008) you can’t be found disabled.  If you’re not, your case gets to move to the next step, which I will discuss on Monday.

Thanks for reading,

Mike Hartup