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Substantial Gainful Activity (SGA); Step 1: Are you engaged in substantial gainful activity? | Ficek Law

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Many social security claimants ask whether they can work and apply for social security disability. Claimants also ask what is substantial gainful activity or SGA? You should consult an attorney or a lawyer about this question. That said, the social security administration provides guidance on their website regarding what is considered substantial gainful activity. There are important caveats with respect to what substantial gainful activity is. Your attorney, lawyer, or representative can make arguments about unsuccessful work attempts, for example. There is additional nuance to this rule such as situations where an individual is engaged in work activity but is not being compensated for it. For example, small business owners might be engaged in full-time work, but be under the substantial gainful activity  Below is the social security website’s guidance with respect to substantial gainful activity:

“To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person’s disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals. Both SGA amounts generally change with changes in the national average wage index.

Amounts for 2022
The monthly SGA amount for statutorily blind individuals for 2022 is $2260. For non-blind individuals, the monthly SGA amount for 2022 is $1350. SGA for the blind does not apply to Supplemental Security Income (SSI) benefits, while SGA for the non-blind disabled applies to Social Security and SSI benefits. See historical series of SGA amounts below.

Trial work period
After a person becomes eligible for Social Security disability benefits, the person may attempt to return to the work force. As an incentive, we provide a trial work period in which a beneficiary may have earnings and still collect benefits. The trial work period does not apply to SSI benefits. The monthly amount of earnings that trigger a trial work period are lower than the monthly SGA amounts shown below.” Credit to https://www.ssa.gov/oact/cola/sga.html. The link to this page is provided here.

Monthly substantial gainful activity amounts by disability type
YearBlindNon-blind
1975$200$200
1976230230
1977240240
1978334260
1979375280
1980417300
1981459300
1982500300
1983550300
1984580300
1985610300
1986650300
1987680300
1988700300
1989740300
1990780500
1991810500
1992850500
1993880500
1994930500
YearBlindNon-blind
1995$940$500
1996960500
19971,000500
19981,050500
19991,110700a
20001,170700
20011,240740
20021,300780
20031,330800
20041,350810
20051,380830
20061,450860
20071,500900
20081,570940
20091,640980
20101,6401,000
20111,6401,000
20121,6901,010
20131,7401,040
20141,8001,070
YearBlindNon-blind
2015$1,820$1,090
20161,8201,130
20171,9501,170
20181,9701,180
20192,0401,220
20202,1101,260
20212,1901,310
20222,2601,350
  $500 amount applied in the first half of 1999.
“To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person’s disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals. Both SGA amounts generally change with changes in the national average wage index.

Amounts for 2022
The monthly SGA amount for statutorily blind individuals for 2022 is $2260. For non-blind individuals, the monthly SGA amount for 2022 is $1350. SGA for the blind does not apply to Supplemental Security Income (SSI) benefits, while SGA for the non-blind disabled applies to Social Security and SSI benefits. See historical series of SGA amounts below.

Trial work period
After a person becomes eligible for Social Security disability benefits, the person may attempt to return to the work force. As an incentive, we provide a trial work period in which a beneficiary may have earnings and still collect benefits. The trial work period does not apply to SSI benefits. The monthly amount of earnings that trigger a trial work period are lower than the monthly SGA amounts shown below.” Credit to https://www.ssa.gov/oact/cola/sga.html. The link to this page is provided here.