Law

Exceptions to Substantial Gainful Activity: What You Need to Know

Substantial Gainful Activity (SGA) is the common yardstick employed by the Social Security Administration (SSA) for qualification of disability benefits, for some exclusions and special regulations that consent individuals exceeding standard SGA limits to qualify. The objective of these substantial gainful activity exceptions and special rules is to promote the work and self-sufficiency of disabled people. Here are some of the key exceptions to SGA:

  • Trial Work Period (TWP): In a period referred to as the TWP, individuals are allowed to earn any amount of money without affecting benefits. The TWP is not limited by the fact that it must last for nine months in a span of 60 rolling months. The Transitional Work Program allows disabled beneficiaries to test their ability to work without losing the disability benefits.
  • Subsidized Employment and Special Conditions: Some of the programs and rules involve permitting individuals to work in subsidized employment or under special conditions while being paid disability benefits (SSA 1). Such programs are aimed at offering the necessary support and motivation to lead a new life away from the correctional facility. For instance, the Ticket to Work program permits a person to work and keep their benefits; they also have an entry point for employment services.
  • Impairment-Related Work Expenses (IRWE): When your case goes to a hearing, they will know that some expenses related to disability are necessary for you to work. Some of these expenses can be deducted from your earnings when determining SGA. Such expenses may be in the form of medical equipment, transportation deficits, and other on-the-job allowances.
  • Blindness: the SGA threshold for people who are legally blind is different and higher. The SSA acknowledges that blind people face distinct challenges and, therefore, increase the amount of income they can earn while still qualifying for disability benefits.
  • Work Incentives: Some of the work incentives that SSA offers are Plan to Achieve Self-Support (PASS) and PASS for SSI. For instance, D’Amico and Salisbury (2008) describe a number of such programs that assist people with disabilities to save money/earnings as well as resources for attaining particular work-related ends like education and vocational training.
  • Expedited Reinstatement: If you ever got disability benefits before that were cut because of your work activity, then under certain time frames if you still cannot perform activities at SGAs level due to the same disability, apply for expedited reinstatement.

Note that rules and exceptions pertaining to SGA, may be complicated and differ based on the disability benefit you seek. Besides, the SSA reviews cases periodically to determine that ongoing eligibility still exists including the SGA limits.

To consult with a lawyer for SGA, please click on Kenton Koszdin Law Office.