Virginia Employment Lawyer and Social Security disability Attorney

Areas of Practice

Initial Consultations

If you would like to discuss your employment or disability related concerns, call 804-440-6557 to schedule an initial consultation. You will meet directly with attorney D. Scott Gordon for an extended evaluation of your issues, not an inexperienced paralegal.

Schedule Employment Consultation

Schedule Disability Consultation

Social Security Disability

Claim Analysis Step 1: Are You Gainfully Employed?

At step one in its decision process, the SSA must determine whether an applicant for disability benefits is engaging in “substantial gainful activity.” Gainful activity is usually work done for pay or profit. Technically, you still can qualify for social security disability if you are limited to part-time work. Practically, however, Judges may refer to part-time work as evidence of your work ability.

The SSA periodically adjusts its threshold for the amount of earnings that it considers to represent “gainful employment.” For 2023, SSA has raised this monthly limit to $1,470 per month. (These rules differ for cases involving blindness.) If you earn in excess of this amount, SSA considers you to be gainfully employed and you are not “disabled” by their definition, regardless of your impairments, age or education. If you are unemployed or full under this threshold, then SSA will progress to Step 2 in its evaluation process.