STEP 1 of Applying/Receiving Social Security Disability:
Substantial Gainful Employment
The scariest, most challenging part of filing for Social Security Disability, besides the particular disability itself, is facing the economic challenge and reality of not bringing in the income you are accustomed to.
However, no matter how disabled and impaired the claimant is, if they’re still working, i.e. performing substantial gainful employment, they not be eligible for Social Security Disability.
And yes, illegal activity is considered gainful employment. Sorry to disappoint. 20 C.F.R.404.1572
But Work must be both, Substantial and Gainful. In my experience, SSA will find most work “substantial” so for now, let’s just focus on “Gainful.”
SSA says work is gainful if it is “the kind of work that is usually done for pay or profit, whether or not a profit is realized.” 20 C.F.R. 404.1572(b). Still, this is most always determined by income received for that job. But if you’re working for a relative or yourself and controlling your time, it can be considered to be judged as gainful in the SSA’s evaluation. Id. 1574(b)3(ii).
The SSA evaluates income, the nature of the work, the period of time worked, and whether the SGA level changed during the time the claimant worked. See Id. 1574a and SSR 83-35. Fortunately the SSA acknowledges the Cost of Living Increases (COLA).
See https://www.ssa.gov/cola/.
This year that amount is $1,620/mo for a nonblind disabled individual that can and wishes to keep working. For SSI claimants, or claimants that do not have the work history to satisfy for a Social Security Disability claim, heir max income under the “Gainful” threshold is $967/mo for an individual and $1450 per couple.