Social Security disability benefits eligibility - Can You Earn Too Much To Get Disability Benefits?

Social Security disability benefits eligibility is dependent upon both medical and work factors. Even if an individual has a significant disabling condition, their disability claim may be denied. Or, if they are receiving disability benefits, their benefits may terminate if they earn too much.

Social Security disability uses the term “substantial gainful activity” to describe an earnings amount or level of work activity that, if met, equates with non-disability (in other words, if, in a given year, you can work and earn what is considered to be earnings equivalent to substantial gainful activity, you will not be considered disabled).

To be considered "substantial" by Social Security, the work must involve significant mental, physical, or a combination of both physical and mental activities. Work activity does not have to be full time work; in fact, even part-time work could be considered substantial. The definition of gainful work activity is: work that is completed for pay or profit; or work that is generally performed for pay or profit; or work that is performed for profit whether or not a profit is realized (self employment, corporation officer, etc).

If an individual is receiving Social Security disability, SGA (substantial gainful activity) is a factor in determining their initial disability eligibility as well as their continued eligibility to receive disability benefits once they have been approved for Social Security disability benefits.

However, SGA is only a factor for initial SSI (supplemental security income) disability determinations for non-blind individuals; if the applicant is blind SGA is not considered.

Additionally, SGA is not a factor in continuing SSI disability reviews. For more information about how work affects SSI disability beneficiaries, contact your local Social Security office.

To summarize, earnings are an important factor in all initial disability determinations other than SSI initial disability determinations and all continuing Social Security disability reviews.

If an individual is earning over the SGA monthly limit, their initial disability claim will be denied without a medical determination and if an individual is already receiving Social Security disability, benefits earnings or work activity could cause their disability benefits to be suspended or even terminated.






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Does Social Security Disability differ from State to State?

Social Security disability is a federal disability program that has uniform rules and regulations which determine factors of entitlement, how medical decisions are processed, and how benefit amounts are determined. In fact, Social Security has to make all things uniform to ensure that all disabled individuals receive a fair disability determination no matter where they live in the country.

Social Security uses state disability agencies (usually called DDS, or disability determination services) to make their medical determinations, and all state disability agencies use the same disability handbook titled “Disability Evaluation Under Social Security” to direct certain disability determination decisions (those in which a "listing" for a specific mental or physical impairment is met or equaled).

In most states the disability appeal process is about the same, however there are a few states involved in Social Security disability pilot programs that may have a somewhat altered appeal process in that they have do not follow the usual progression of reconsideration appeal, social security hearing appeal, and appeals council review appeal. In the pilot states, the appeal process has been streamlined to omit the reconsideration appeal, which has often proven to be, from the standpoint of the claimant and a claimant's representative, an appeal of little consequence.

Social Security determines what an individual’s insured status and benefit amount will be, based upon an individual’s yearly earnings prior to the onset of their disability (when they became unable to work). No matter what state you live in, your Social Security disability benefits will be determined the same way. Since this is the case, Social Security disability beneficiaries are able to move from state to state without affecting their Social Security disability benefits.

Since 1976, Social Security has administered two disability programs: Social Security disability and Supplemental Security Income (SSI). All of the above information applies to both programs...except for the fact that SSI is a need based program that is not based upon insured status and an individual's earnings do not determine the disability benefit amount they receive each month, and from year to year.

SSI maximum monthly benefit amounts are set each year by the Social Security Administration. And the actual amount an individual is able to receive is affected by their living arrangements (household) and income. Additionally, some states offer subsidies that increase what an SSI beneficiary might receive each month while other states provide no additional subsidies.





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If my home Is Paid For how Will This affect Social Security Disability?

Many people think that Social Security disability is just for individuals who have no assets or income, and that having a home or money prevents them from being eligible to receive disability benefits from Social Security.

However, Social Security disability is not a need based disability program; it is based upon an individual’s earnings over their lifetime prior to becoming disabled and the insured status that comes from their work activity (if an individual has worked enough, they can earn up to four quarters of coverage per year). Additionally, an individual’s age is what determines how many quarters of coverage they need to be insured for disability. There are also special rules in place to give insured status to younger individuals who have not had a long work history---however even younger individual’s have to have at least six quarters of coverage to be insured for Social Security.

So how is it that individuals become confused about the issue of assets such as homes, and Social Security disability entitlement? Well, there is a simple and possible answer. Social Security also administers a need based disability program called Supplemental Security Income or SSI. SSI disability is based upon financial need rather than insured status. In fact, an individual can be uninsured, never have worked, or even be a child and still potentially be eligible for SSI disability benefits, because SSI is based upon an individual's--or individual’s parents--income and resources.

If an individual has income and resources that are under certain limits set by Social Security, they may be eligible for disability benefits provided that they are determined to be medical disabled.

However, even in the SSI program an individual’s home does not count against them as long as they live in it. The fact that your home is paid for has no bearing on your eligibility for Social Security disability, and if you live in your home it does not affect your eligibility for SSI disability benefits either.

The difference between the SSI program and Social Security disability is that SSI excludes the home you live in, but would count other real property toward an asset limit when it comes to determining your non-medical eligibility. Yet, you could have ten houses paid for and still be eligible for Social Security disability benefits if you have insured status and you are determined disabled by Social Security.







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