We get calls frequently from individuals who are still trying to work but want to apply for disability benefits. In most cases, this is just impossible.
The first step in the disability screening process eliminates persons who are working at substantial gainful activity. That's defined as working and earning at least $1,260 per month before deductions.
If an individual earns at least $1,260 per month from a job or from self employment, the application is denied right off the bat. (This amount is for non-blind individuals). Social Security won't even look at whether the applicant is disabled if they are earning this amount. There is substantial work, so the claim is automatically denied on technical reasons.
It doesn't matter why you are working. It only matters that you are.
This rule forces a person to either quit work before filing for disability--or at least to reduce earnings to below $1,260 per month.
Are there any exceptions to this? Not for most claimants. If an individual is legally blind, the test for substantial gainful activity is $2,110 per month. So, a claimant who meets the regulations for blindness is able to earn a higher income from work and still be considered for disability.
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