What is “substantial gainful activity” (SGA) and how does it relate to Social Security Disability?
Substantial gainful activity (SGA) is a legal term that is important in Social Security Disability Law in Virginia. SGA is activity that a person does for pay or profit, even if the work is done as part of a rehabilitation program. To determine if a person is engaging in SGA, the Social Security Administration (SSA) considers both the type and amount of work and pays. Generally, if a person earns more than a certain monthly amount established by the SSA, their activities are considered SGA. The current SGA amount is $1,170 for 2020. People who are engaged in SGA are not considered disabled by the SSA and therefore cannot receive Social Security Disability (SSD). To qualify for SSD, a person must be unable to perform SGA because of a disability. This means that a person must have a medically determinable physical or mental impairment that prevents them from performing work in any gainful activity that is substantial and lasts for at least 12 consecutive months. This impairment must be documented by medical evidence such as doctor’s reports, laboratory tests, or imaging studies. In Virginia, if a person is engaging in SGA, then they will not qualify for SSD benefits. Even if a person is not currently engaging in SGA, if their disability is not severe enough to keep them from SGA and there is evidence that they can perform SGA, then the SSA will likely not approve their claim for SSD.
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