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March 2011 Archives

Part time work and Social Security Disability

You are eligible for Social Security Disability if you are only working part time and the amount is lower than the presumed SGA (substantial gainful activity) rate. However, that is only a general rule since an Administrative Law Judge (ALJ) might find that while you are working part time, that was not because you couldn't work more, but because you chose not to work more. An ALJ might feel if you worked only a few more hours per week, you would be doing SGA. On the other hand, you might be working very few hours but at such a high hourly rate that it is presumed to be SGA even though it is only a few hours. Everything depends on the particular fact pattern. There are also times that you are receiving special accommodations or you have special expenses that may make your work either not substantial or not gainful. If you are self employed, you too will be measured as to whether or not your activities are substantial and gainful.

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