Our experienced Indiana Social Security Disability lawyer knows it is possible to claim disability benefits while continuing to work. There are a range of facts a good attorney will consider when assessing a claimant to determine whether they meet the Social Security Administration’s criteria for disability benefits while employed. Though the Social Security Administration provides some guidelines to assist claimants with their applications, there are still some twists in the approval process for which many claimants are not aware. While many law firms practice multiple areas of the law at once, the attorneys at Barnes Cadwell, an association of lawyers and not a partnership focus on only a couple. Social Security disability claims is one of the major areas they pursue and they’ve identified several factors affecting whether a claimant may be employed and approved for Social Security benefits, including the type of work, amount of payment or any other subsidies, and how much of these monies are spent on disability-related employment expenses.
Substantial Gainful Activity
The Social Security Administration will not approve disability benefits for anyone working and performing what is called “substantial gainful activity” regardless of a person’s impairment level. To break it down, a claimant’s job cannot be both substantial and gainful. Let’s look at how these two terms as defined by the Social Security Administration:
Your job may be defined as substantial by the Social Security Administration if it requires a great amount of mental activity or physical movement. If, however, you require more assistance on the job with easy tasks than what is considered average for other people; or if your job duties are negligible and not very beneficial to your employer, than your job may be defined as not substantial.
Gainful employment are jobs one pursues to earn profit or to receive a paycheck. The Social Security Administration will look at past earnings records to determine whether your employment may be defined as gainful.
Striking a Balance
An experienced attorney can assist Social Security claimants who are employed with determining whether they meet the criteria for substantial gainful activity. First, they will review the claimant’s gross earnings from employment and then adjust that figure using deductions and averages allowed by law. The final figure is compared with the Social Security Administration’s substantial gainful activity earnings guidelines which change annually. The formulas can be confusing for some people who may risk denial of benefits if not calculated correctly.
Contact an Indiana Social Security Disability Lawyer
The attorneys and trained legal staff at Barnes Cadwell, an association of lawyers and not a partnership Office know the ins and outs of the Social Security Administration. Call an experienced Indiana Social Security disability lawyer like Barnes Cadwell, an association of lawyers and not a partnership at 317-804-5058 to hire the professionals.