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Eligibility for Social Security Disability
"Substantial Gainful Activity"
Besides medical impairment, an applicant must also demonstrate that he or she is unable to engage in "substantial gainful activity" in the following situations:
- If the person's impairment is not "listed," or the functional equivalent of a listed impairment, or;
- If his or her history indicates that he or she is able to perform substantial work.
The term "substantial gainful activity" means employment for profit, whether full or part time. In deciding whether the applicant has the ability to perform useful work, the SSA will examine his or her work history, age, education, and daily activities. The amount of earnings the applicant earned from working during the period of alleged disability may also be considered by the SSA as evidence of ability to perform substantial gainful activity.
Getting Help with the SSA Benefits Application Process
While proving a disability in order to receive SSA benefits may seem like a complex process, it can be as simple as filling out several pages of questionnaires and allowing the SSA access to your medical records. Employees of the SSA will perform most of the work needed to evaluate your case, and they are available for free consultation at any Social Security office.
Remember that qualification for disability income from the SSA depends in large part on presenting the proper evidence. It may be beneficial to obtain the assistance of an experienced attorney to answer any questions, and to assist you throughout the benefits application process.
FAQs
- How does an employee file a claim for benefits?
- What are Employee Retirement Income Security Act (ERISA)'s funding requirements?
- When is a worker eligible for overtime pay?
- Does the law require employers to provide pensions?
- How is the overtime pay rate computed?
Employees' Rights Resources
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