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A claimant is found
to be "not disabled" if that person is working, and the
work constitutes substantial gainful activity ("SGA").
In order for work to be considered as SGA, it must be
both "substantial" and "gainful." Substantial work is
work activity that involves doing significant physical
or mental activities. Even part-time work can be a "substantial"
activity. "Gainful" work activity is work that is usually
done for pay or profit, whether or not you actually realized
a profit. |
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First Step in Determining Tulsa SSI Eligibility
A claimant is found to be "not disabled" if that person
is working, and the work constitutes substantial gainful activity
("SGA"). In order for work to be considered as SGA, it
must be both "substantial" and "gainful." Substantial
work is work activity that involves doing significant physical or
mental activities. Even part-time work can be a "substantial"
activity. "Gainful" work activity is work that is usually
done for pay or profit, whether or not you actually realized a profit.
Step 1
Are you engaged in Substantial Gainful Activity?
A. An employee
If you are an employee of someone else, and you are making more
than $900 per month, this is generally considered SGA. It still
may not be SGA if you are in a sheltered work environment or part
of the money paid is not for work performed. However, this amount
of income will generally be found to be SGA. If you are making less
than $300 per month, it will generally be found to not be SGA. If
your income is between $300 and $900 per month, the Social Security
Administration considers other factors to determine if the work
was SGA.
B. Self-employed persons
Since the profits from self employment or farming may not be related
to the effort that was given in the physical or mental activities,
the profit or income from those activities will not determine whether
the work was SGA. For such persons, the Social Security Administration
will attempt to determine the "value" of your work to
the business, regardless of the profit you made. If the value of
your work was more than $900 per month, it will be determined to
be SGA, even if the business or farm operated at a loss.
C. Sheltered work environments
Persons working in a sheltered environment may be paid more than
the actual value of their work. In such situations, the Social Security
Administration must determine the "reasonable worth" of
the work performed, instead of the actual amount paid. If the reasonable
worth of the work is more than $900 per month, it will be considered
to be SGA.
D. Other income
Income from other sources, such as investments or rent, is not
generally considered in the determination as to SGA, unless such
income is as a result of your experience, skills, supervision and
responsibilities.
If you are not engaging in SGA, you may be eligible for Tulsa OK
SSI. If you have any questions about whether you qualify for Tulsa
SSI, please contact a Tulsa social security
disability attorney today.
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