If you have become disabled and can no longer work for a living, you may be eligible for Social Security Disability Insurance (SSDI) benefits. To qualify, your disability must prevent you from working for one year or be expected to lead to your death. Generally, SSDI will provide 40% of your pre-retirement income.
Kentucky residents who receive SSDI and can do some level of work but need to understand the rules to avoid losing their benefits. In many cases, earnings are more important than hours worked.
If your disability benefits have been denied, contact our law firm for a free case consultation. We are proud to help our fellow Kentuckians receive the disability benefits available by law.
What Is Considered Work Under SSDI?
Under SSDI rules, working for a living is engaging in substantial gainful activity. This may be traditional employment, self-employment, contract work, or gig work. For work to be considered substantial gainful activity, it must pay a certain amount of income.
In 2024, earning $1,550 or more per month or $2,590 if you are blind is considered substantial gainful activity.
To be eligible for SSDI benefits, a person must be unable to engage in substantial gainful activity.
Hours vs. Income – What Matters Most?
As we have seen, the Social Security Administration (SSA) definition of substantial gainful activity is based on money earned, not hours worked.
Meanwhile, the SSA encourages people to work if they are able. Therefore, SSDI benefit recipients may participate in a nine-month trial work period, during which their disability benefits are not affected, regardless of how much money they make or how many hours they work.
Self-Employment and SSDI
Self-employed individuals have slightly different guidelines for SSDI eligibility.
Because people who are self-employed may be unable to rely on an hourly wage, the SSA will consider their earnings and work hours to determine whether they are engaged in gainful activity.
When considering hours, the SSA typically allows up to 45 hours of work per month for someone who is self-employed and receiving SSDI benefits. That comes out to around 10 hours per week.
When considering SGA income limits, the SSA allows some deductions for business expenses.
A knowledgeable Social Security disability lawyer can review your specific self-employment situation if you are collecting disability benefits and discuss how the rules apply to you.
What If I Exceed The Limits?
If your earnings indicate that you are capable of working for a living, your SSDI benefit may end.
The SSA periodically reviews the files of disability recipients to see whether they can engage in meaningful work. If your SSDI benefit is terminated because your work records indicate that you are able to work for a living, the decision is effective in the month shown by the evidence. Then, the SSA pays SSDI benefits for the cessation month and the following two months, a three-month grace period.
If within five years of your benefits ceasing, your income no longer meets the gainful activity threshold, and your disability is related to your original impairment, you can have your benefits reinstated without completing a new application. SSA calls this process “expedited reinstatement.”
Contact Our Kentucky Lawyers Today
Taking on the Social Security Administration by yourself may seem courageous. But the reality is that you have a better chance of navigating the disability benefits system successfully if a Social Security disability attorney handles your case. A knowledgeable disability attorney can help with the initial application process or an appeal or we can present your case for Social Security benefits to an administrative law judge.
Our legal team can help you take on the SSA from offices in Lexington, Somerset, Manchester, London, Hazard, Paducah, Paintsville, Prestonsburg and Princeton. Contact us at 877-809-5352 or online today for your free consultation.
