I have handled many claims for Social Security Disability and Supplemental Security Income in the Daytona Beach, Orlando and Jacksonville areas. Many times, an applicant's record of earnings is incomplete or absent in the file received from the Social Security Administration prior to hearing. Recently, I have gone to the hearing with my client only to learn upon reviewing the Judge's file, that my client has earned income for a period of claimed disability or for the entire period of claimed disability! This should seem obvious, but if you are making money in excess of what Social Security determines to be Substantial Gainful Activity (SGA), you cannot claim disability for that period. For example, in 2009, earnings of $980 per month are considered SGA. Therefore, if you make more than this amount, you cannot be found disabled, even if you would have otherwise been found disabled. This includes income from a business that does not require your actual physical involvement. It does not matter if someone else runs the business. If you show income in excess of SGA, you will likely be unable to sustain a claim for disability.
If you have questions regarding your claim for Social Security Disability or Supplemental Security Income, contact Johnson & Gilbert, P.A. for a free consultation at 1-800-556-8890.