Quote:
Originally Posted by gday
I didn't pull it out of thin air. Both articles (Sorry, no links) said they were lawyers. You know lawyers do disagree. I am not giving bad advice. I am just repeating what I have read or was told.
There are different terms.
Substantial Gainful Work
Substantial Gainful Activity
Maybe Substantial Gainful Income (That is more ssi, not ssdi)
They can change the rules after you are disabled but if you are grandfather in. They have to go by the old rules. In my sons case, they have to go by the old rules. Otherwise, he wouldn't be getting SSDI.
A lawyer really needs to find out if Social Security Change it from Substantial Gainful Work to Substantial Gainful Activity. If they didn't. There is a good chance for a class action lawsuit.
There is another option. You take classes at home on a computer, that shouldn't be considered Substantial Gainful Activity.
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SSA uses the term SGA, Substantial Gainful Activity. This is not new at all. Decades old terminology. There is no change. Here is the definition:
https://secure.ssa.gov/apps10/poms.nsf/lnx/0410501001
May want to read the entire chapter.
The Activity does have to be
Gainful. So if you are not making any money, you are not performing SGA and can't be ceased because of SGA.
But the ability to do substantial activity all day could mean you have medical improvement and are no longer disabled, no longer incapable of performing
Gainful Substantial Activity. Ceased due to medical improvement, as opposed to being ceased due to work.
And for SSI, any income can be used to determine payment. It doesn't have to be substantial. It doesn't even have to be activity related. Any money an SSI recipient gets can be used to determine SSI payments - inheritances, free rent, pensions, wages, gambling winnings, dividends, gifts, etc.