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What is an Earnings Cut Off Amount in a Social Security Disability Case?

Nancy Cavey — Mon, 10 Jan 2011 14:52:38 +0000

An earnings cut off is just another way of saying substantial gainful activity. Why is that important? The definition of disability asks, in part, whether or not you have a mental or physical impairment that:

1. Prevents substantial gainful work activity for 12 months.

2. Is expected to prevent substantial work activity for 12 months.

3. Is expected to result in your death.

Substantial gainful activity is a monthly earnings limit.

If you earn more than that, you are presumed to be able to engage in substantial gainful activity and ineligible for Social Security Disability benefits.

However, there sometimes arises a real issue about whether your work activity is really worth what you are being paid. In some cases, Social Security Disability applicants can be working for family members, friends or others whose payment for their full wage, despite the fact that they are having to modify their work or hours. Social Security will consider that when determining whether or not any work activity constitutes substantial gainful activity.

It is important that you consult an experienced Social Security Disability attorney to get there opinion as to whether or not the work that you may be doing prior to applying for Social Security Disability benefits or even after you apply for Social Security Disability benefits constitutes substantial gainful activity.

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.

What’s the Fifth and Last Step in the Social Security Administrations Five Step Sequential Evaluation to Determine Whether I am entitled to Social Security Disability Benefits?

Nancy Cavey — Thu, 02 Sep 2010 18:08:40 +0000

The Social Security Administration isn’t interested in whether or not you can actually find a job in the labor market or whether anyone would hire you. This is a mythical analysis! As Cavey and Barrett explain in their book Your Right to Social Security Disability Benefits, the fifth and final question the Social Security Administration asks to determine whether or not you are entitled to Social Security Disability benefits is whether you have the ability to perform other types of work considering your physical capabilities, age, medical condition and education.

If it’s determined that your Residual Functional Capacity is so limited that you can’t do your past relevant or other work activity in the national economy, you will be found to be disabled by the Social Security Administration.

For more information about the Social Security Disability claims process, contact attorney Sharon Barrett at your Gulfport Social Security Disability law firm Cavey and Barrett.

Give Me Five Minutes and I’ll Give You Five Tips for Finding the Right Social Security Disability Attorney to Represent You in Your Social Security Disability Claim

Nancy Cavey — Tue, 24 Aug 2010 20:15:20 +0000

There is no doubt about it! The Social Security Disability law is complicated and you really do need to hire a Social Security Disability attorney who is right for you. Here are five tips you need to know about finding the right lawyer for you. Ask:

1. Are you a lawyer or a claims representative?

Answer: Claims representatives can represent individuals in Social Security Disability claims, but at Cavey and Barrett we believe that having a lawyer represent you who is familiar with the Social Security Disability regulations, rulings and cases is crucial.

2. Ask how many disability hearings the lawyer has handled?

Answer: The Social Security Disability lawyer should have handled at least over 100 Social Security Disability claims.

3. Do you have the experience with the type of medical problem I am having?

Answer: It is crucial that the Social Security Disability attorney you hire is familiar with the medical condition that is causing your disability. That includes not only the diagnosis of your condition, but how it impacts your ability to function physically or emotionally.

4. Is the attorney going to have an assistant who is going to be working with them?

Answer: It is common that a skilled Social Security Disability attorney will have a paralegal or case manager that will work up your case. They will be responsible for gathering information about your case and monitoring what’s happening- of course at the direction of the attorney.

Your attorney should regularly review your file and be in communication with you.

5. Will my lawyer be with me at a Social Security Disability hearing?

Answer: I know this is an odd question, but there are some claims representative companies who hold themselves out as being skilled advocates but who, in reality, don’t attend hearings because they ask the judge to make a decision based on the written record. Others, will let you attend the hearing by yourself. In the opinion of Sharon Barrett, former Social Security Disability staff attorney that’s playing with fire. While we do ask that the judge make a decision based on the record that we’ve compiled- which is voluminous, we always ask for a hearing and plan on presenting your case personally to the Social Security Administration judge. We know that you are paying our legal fees and we think that you deserve to have your case heard, personally by an administrative law judge and to be prepared to answer all the administrative law judge’s questions.

At Cavey and Barrett your Palm Harbor, Port Richey and New Port Richey Social Security Disability attorneys, we prepare you for any hearing in front of the administrative law judge and we are there with you, right beside you, at any Social Security Disability hearing.

Social Security Disability Hurdle 1: Substantial Gainful Activity (SGA)

Nancy Cavey — Tue, 24 Nov 2009 17:50:25 +0000

One of the 5 hurdles you must meet to be paid Social Security Disability is what is called the Substantial Gainful Actvity (SGA) test.

If you can’t meet this hurdle, the evaluative process stops and the Social Security Administration (SSA) will find that you are not disabled.

What is Substantial Gainful Activity? If you are working and earning $900.00 gross per month, SSA will find that you are not disabled… no matter how impaired you are.

The work must be both substantial and gainful. Substantial work activity involves work that requires “signficant physical or mental activities” 20 C.F.R. 404.1572(a). If you can’t do ordinary or simple tasks without more supervision or assistance usually given to other people doing the same type of work or the work involves minimal duties that make little or no demand, the work won’t be considered substantial.

Gainful work is determined by looking at your earnings. If you make more than $900.00 gross per month you will not meet the earnings test.

The work is evaluated without regard to legality so that even illegal activity, such as selling stolen goods, may be substantial gainful activity.

SSA looks very closely at SGA when the person applying for disability is self-employed as they want to make sure the work the self-employed person is doing is not substantial and gainful.

When SSA raises the SGA hurdle, we always contact your employer to determine the true facts behind your employment.

If you would like more information or if you have any questions give us a call at 727-894-3188 or contact us at www.caveylaw.com.

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Nancy Cavey — Fri, 11 Sep 2009 18:39:41 +0000

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