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An overview of substantial gainful activity

To qualify for disability benefits, an individual in West Virginia would need to stay below the substantial gainful activity threshold. Those who exceed this limit will have their applications denied on a technicality. When an application receives a technical denial, it means that it is not looked at by a disability examiner. In 2019, an individual can make $1,220 per month or less in gross income and still qualify for disability benefits.

Self-employment income does count toward that limit. Those who are making more than that amount are urged to wait to send in their applications. It is important to note that the substantial gainful activity level can change based on inflation. If an individual earns $1,220 or less per month, an application will likely be reviewed by an examiner. This person will review an applicant's work and medical history to determine if he or she has a condition that will make it impossible to do any type of job.

If an application is denied by an examiner, it is possible to appeal to an administrative law judge. The judge will review the evidence presented and make a decision after a hearing. An individual could receive benefits based on either a physical or a mental condition that makes it difficult or impossible to remain gainfully employed.

Anyone who has a mental or physical disability may be entitled to disability benefits from the federal government. The process for applying and retaining benefits is generally the same in each state. An attorney may be able to help a person learn more about what he or she may be entitled to and what is needed to obtain it. A legal professional may also help file a timely appeal if an initial application or reconsideration appeal is denied.

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Shawn Taylor, PLLC
209 Capitol Street
Charleston, WV 25301

Phone: 304-932-4619
Fax: 304-414-6040
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Office Hours: 7:30 am to 4:00 pm Monday through Friday. Closed on all federal holidays.

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