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Step 1 - "Are you working?"

The first question that needs to be answered is "Are you working?"   Disability under Social Security is based on the inability to work. If the answer is: "Yes, I am still working", then you are not "disabled" as that term is used by Social Security if you are earning more than $1,310.00 per month before with-holdings are deducted from your paycheck (taxes, social security, etc.).   It doesn't matter how bad your medical conditions are - if you are not blind and you are grossing more that $1,310.00 per month in earnings, you will not be approved for Social Security disability benefits.  If, however, you are not working or if you are working but earning less than $1,310.00 per month in gross earnings, we then move on to the second question in the 5-step sequential evaluation process. 

For more information:; 20 C.F.R. Section 404.1520(a)(4)(i). 

No, I am not working

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The Law Offices of Michael Kalish is committed to answering your questions about claims for Social Security disability benefits.

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