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SSAIn order to qualify for Social Security Disability Insurance, the Social Security Administration (SSA) requires that you earn 40 “credits.” “Credit” has the same meaning as a quarter of coverage.  Of the 40 credits, 20 have had to been earned in the last 10 years (worked 5 of the last 10 years).  For 2011, one credit is equal to $1,120 and four credits is $4,480.  The minimum amount required therefore will  vary depending on the specific years the individual was employed.

Further problems may arise due to self-employment.  The SSA has a specific policy when dealing with those who are self-employed.  The SSA has three tests to determine if the individual qualifies for disability insurance or if they have partaken in “substantial gainful activity” (“SGA”).  Test 1 evaluates whether or not the applicant has engaged in substantial gainful activity by rendering significant services.  Test 2 evaluates the work activity using specific factors in its analysis and compares it to unimpaired individuals in the community.  The last test looks to see if the work is worth a specific amount as determined in the federal code.

I have attached an article from a law firm giving a high level view of what the SSA evaluates for the self-employed (written in 2004, but still relevant), the chart used to determine earnings and credits, the Code of Federal Regulations section dealing with self-employed individuals, and the Congressional Report on the Primer on Disability Benefits.

§ 404.1575. Evaluation guides if you are self-employed.

Browning & Meyer Co., LPA is a law office with more than 60 years of experience in the firm’s specialized areas of practice, which include estate planning, elder law, estate administration, probate administration, trust administration, asset preservation, tax planning, guardianships, special needs planning, and Medicaid eligibility planning and litigation. We have the ability to offer a wide array of legal services to assist you and your family as you move through the stages of life.