WHAT IS THE "STEP 1" RULE?

The "Step One Rule" basically guarantees that a person cannot be approved for SSDI benefits while still working.  You must stop working before applying for Social Security disability.

The very first consideration Social Security must make is:  "Is the claimant now working at substantial gainful activity?"  If the answer is yes, a technical denial is called for.  In other words, the claim stops dead in its tracks.

What does it mean to be working at substantial gainful activity?  Social Security defines that as earning at least $1,170 per month in gross wages or self-employment income.  A person who earns below this amount may apply and still be considered.  Earnings of $1,170 per month or more will be disqualifying, no matter your age or medical condition.

 Let me be clear that this is NOT a limitation on income.  It is a limitation on earned income or wages.  It is really a limitation on working.  Social Security does not allow a person who is working something close to a full-time job to apply for disability.

A person might have very high income, if it is from non-work, and still be eligible for SSDI.  For example, such things as rental property, investments, child support, IRA or other retirement income do not count as "earned income" or wages.  The richest man in the world might qualify for SSDI benefits as long as he isn't actively working. But work at "substantial gainful activity" will disqualify him/her.

The whole concept with Social Security is:  A person cannot work and be disabled at the same time.  It's one or the other, but it cannot be both.

 
 

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