Jul 25th, 2018

What Is Substantial Gainful Activity (Work) to Social Security?

Fred London Law 0 Comments Social Security Disability

The Social Security Administration has several basic requirements put in place that applicants must reach before they can be considered for disability benefits. One of the most important facts that an applicant must prove is the fact that their medical conditions(s) are severe enough to prevent them from completing more than an insignificant amount of work in a period of at least 12 months. To determine this information, the Social Security Administration or SSA usually uses a substantial gainful activity (SGA) level to define what qualifies as too much work. For 2018, the current SGA level for wage earners is set at $1,180 or more each month or $1,970 for individuals who are blind.

social security

How Does the SSA Define Substantial Gainful Activity?

While many applicants tend to focus on the numbers, SGA is much more than that. For example, if an applicant dabbles in side jobs like volunteer work, operating a small business or even something related to criminal activity, this could be considered under the true definition that the SSA uses. To get a clear understanding of the requirements put upon work activity, applicants and their advocates should look at the meaning of substantial and gainful.

Substantial

Any time an applicant completes work that requires significant physical or mental activities, it is considered to be substantial. This means that even part-time work falls under this category, as well as situations where an applicant may not make the same amount of money they once did before becoming disabled.

Gainful

Gainful work activity is defined by any work that an applicant gets paid to do. However, it is important to keep in mind that in certain cases, even if a person does not get paid, their case reviewer could still determine that they work being completed is gainful activity. This is especially true if the work is related to an activity where people would normally be compensated financially.

Get Help Completing Your Application for Benefits

Unsure if you meet the current work guidelines put in place by Social Security? Working with an experienced advocate or attorney may help your claim.

Jul 16th, 2018

How Americans with Disabilities Act (ADA) Can Protect Your Job?

Fred London Law 0 Comments Social Security Disability

The American with Disabilities Act (established 1990) protects workers from being fired due to discrimination against their disability. ADA laws also outlaw discrimination against those with physical or mental disabilities in local and state government positions, transportation, telecommunications and public accommodations. Disabled individuals fired from a job may file a lawsuit arguing wrongful termination, or termination because of their disability, if they think they have evidence to prove their case.

Americans with Disability Act

What Kind of Employers are Covered by the Americans with Disabilities Act?

 

It is illegal for the following employers to engage in discrimination against disabled people:

  • Local and state governments
  • Private employers
  • Labor organizations
  • Employment agencies
  • Labor management committees

In addition to firing an employee based on their disability, disability discrimination also happens when covered employers treat disabled employees negatively or less favorably than non-disabled employees. This type of discrimination usually involves employees with histories of disabilities (cancer in remission, for example) or if an employer thinks an employee has a mental or physical problem that won’t be resolved, even when the employee does not suffer from such a disability.

What is Disability Leave and How Can the ADA Protect Employees from Discrimination?

 

Disability leave refers to temporarily taking time off from a job for a variety of health reasons. Depending on an employer’s policies regarding sick or disability leave, employees may be paid or unpaid during their time away from work. The Family and Medical Leave Act allows certain employees suffering serious medical issues to take time off without incurring penalties. Health conditions covered by the FMLA include severe injuries, illnesses or other mental/physical impairments that prevent the employee from performing work tasks.

If an employee is fired while on disability leave, they may be able to file a lawsuit citing ADA regulations and protections. Wrongful termination is a viable, legal reason for disabled individuals to hire a disability attorney who will evaluate their case and possibly file a lawsuit against their employer. The attorneys at Fred London Law have years of experience filing claims against employers who have engaged in discriminatory actions against disabled people. Call today to schedule an appointment with a lawyer who may be able to help you fight a wrongful termination due to your disability.