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Social Security Disability

• Symptoms of Autism That May Qualify for Social Security Disability in New York
• 7 Intellectual Disability Impairments That May Qualify for Social Security Disability Benefits
• How Anxiety Disorder Can Restrict Filing for Disability in New York
• 3 Ways to Prepare for Social Security Disability Hearing in New York
• 6 Steps in Filing a Social Security Disability Claim in New York

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Library

Social Security Disability

• 5 Things Examiner Does to Evaluate Social Security Disability Claim in New York
• Social Security Disability Benefits for Intellectual Disability
• Pursuing Social Security Disability in New York for Autistic Disorders
• Seeking Social Security Disability as a Student in New York
• Filing for Disability in New York Because of Anxiety Disorders

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Substantial Gainful Activity and Your Social Security Disability Claim

One of the most important aspects of a Social Security disability claim is the applicant's participation-or lack thereof-in substantial gainful activity (SGA). To be eligible for Social Security disability benefits, you not only have to be able to prove that you suffer from a condition on the Social Security Administration's listing of impairments, you must also demonstrate that you are not able to engage in substantial gainful activity.

SGA Defined

The Social Security Administration (SSA) defines SGA based on an applicant's earning potential or activity. If you are earning more than a standardized monthly income-as set forth by the SSA-you will be considered to be participating in SGA and therefore disqualified for Social Security disability benefits. The SSA sets these limits based on the nature of your disabilities.

The SGA amounts for 2010 are:

• $1,640 for a blind individual; and
• $1,000 for a non-blind individual.

The SSA annually adjusts these monthly limits as based on the national average wage index.

How SGA Will Impact Your Disability Claim

When you first contact your Staten Island Social Security disability lawyer, they will probably ask you many questions about not only your medical conditions and treatment, but your work history. It is important to be completely honest during these initial meetings. If your attorney is unaware that you are continuing to work and earning more than the allowed monthly limit, they will not know that you are engaging in SGA and therefore, not qualified for Social Security disability benefits.

It is understandable that if you have a job in this fragile economy, that you would strive to hold onto it, even if you have trouble functioning or suffer through excruciating pain because of your disabilities. Just remember that by continuing to work and earning more than the SSA's monthly allowance, you are participating in SGA and cannot be considered for disability benefits.

The Trial Work Period

The SSA does permit its disability beneficiaries some leeway when it comes to maintaining some employment while receiving benefits. This can occur in a trial work period. This is a program in which those eligible for Social Security disability benefits return to work while still being permitted to receive benefits. You may participate in a trial work period for up to 9 months (which may or may not be consecutive) in a 60-month period. If you are earning more than $720 each month, this will be counted as 1 month in your trial work period.

If you choose to undergo a trial work period, first consult with your Staten Island Social Security lawyer to ensure that you understand the rules for this program and how this-and SGA-will affect your Social Security disability claim and benefits.

Contacting a Staten Island Social Security Disability Lawyer

There are many nuances to applying for Social Security disability benefits, and it's not difficult to make costly mistakes in the process. Before you file your Social Security disability claim, be sure to take advantage of this free consumer's guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact a Staten Island Social Security disability lawyer at Decker, Decker, Dito & Internicola for help in building your disability claim - 1-800-976-4904.

Decker Decker Dito & Internicola, LLP the New York Social Security Disability Law Firm.  If you have suffered an injury or illness and unable to work, contact Social Security Disability Lawyer Frank J. Dito, Jr., Esq. at 800. 976. 4904.  Mr. Dito is an experienced trial and disability lawyer who represents disabled and injured individuals and their families in getting the benefits that they deserve. Frank is the author of "A Lawyers Guide to Car Insurance", the publisher of the "New York Injury Law Blog" and he is a frequent speaker regarding the recovery of benefits and the preservation of rights resulting from accidents and work place injuries. If you or a family member has a question about disability benefits contact disability lawyer Frank J. Dito, Jr. to discuss your legal rights and how he can assist you in obtaining the benefits you deserve.

DOWNLOAD THE FREE REPORT "The 5 Mistakes to Avoid when Filing a Social Security Disability Claim" Click Here to Download the Free, No Obligation Report by Frank J. Dito, Jr.

IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Frank J. Dito, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Frank J. Dito, Esq.