A reader of this site had this question: should i still appeal my ssdi denial if i did not meet the sga requirement?
The answer is: probably not, but maybe yes. Let's take a look at each part of the answer.
Probably not: If you are working above the level of substantial gainful activity (SGA), you are not entitled to Social Security disability benefits. This determination is step 1 of Social Security's 5-step sequential evaluation process. So if you are an employee earning more than the SGA amount, you are not disabled under Social Security's rules. Do not appeal the denial of SSDI benefits.
Maybe yes: You may want to get more information. Social Security SGA can be complicated, and there are exceptions to the SGA rules. An unsuccessful work attempt is not SGA. Impairment related work expenses must also be considered. And if you are self-employed, there are three different tests for SGA. See 20 C.F.R. 404.1575.
If the SSA did not consider these factors correctly, then you should appeal your denial of Social Security disability benefits.
An attorney specializing in Social Security disability law can help you.
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