Self-Employment and SSDI

If you are self-employed and looking to apply for SSDI, you may have questions about whether or not you are eligible to receive this kind of benefit. Luckily, our social security lawyers know the details of SSDI and can answer any questions you may have. Check out some commonly asked questions about SSDI and self-employment, then contact us to get started with a free consult:

I’ve only ever been self-employed: can I still apply for SSDI?

If you have been exclusively self-employed, or your recent work history is all self-employment, you may be worried that you do not meet the base qualifications to apply for SSDI. After all, most people qualify for SSDI because their employers withhold social security taxes from their paychecks. On the other hand, you have likely not been receiving regular paychecks, particularly not with the standard deductions for an employer. You don’t even have an employer; you just have yourself! Don’t panic: when you fill out your quarterly or annual tax return, you likely have been paying those same Social Security taxes alongside your income tax and a Medicare tax. This alone may qualify you for SSDI, depending on how long you have paid these taxes and how recently. If you have a spouse that is also disabled and receiving benefits, you may also be eligible for benefits through that spouse. These requirements can be complicated; contact one of our social security lawyers for a free consult personalized to your situation.

I’m applying for SSDI. Will my current self-employment harm my application?

The Social Security Administration (SSA) sets an earnings cutoff amount to determine “substantial gainful activity” (SGA). If an applicant earns above this cutoff amount each month, they will not be eligible for SSDI. However, if an applicant is self-employed, the criterion is a bit different to determine SGA. In fact, the SSA uses three tests.  

The first is the “significant services and substantial income” test. If a self-employed applicant BOTH contributes significant services AND receives substantial income from their business, they may be denied SSDI benefits. The substantial income test is a bit tricky, but certainly, if an applicant is making above $1,310 a month, that will qualify as substantial income.

The second test is the “comparability” test. If the applicant does not meet the requirements for significant services and/or substantial income, the SSA will compare their work to a non-impaired individual doing similar work. The SSA will look at job duties, energy used, and other criteria to determine the similarity. If they are deemed to be comparable, the applicant may be denied SSDI.

Finally, the third test is the “worth of work” test. Regardless of your actual income, if the SSA determines that the worth of your work is more than $1,310 a month, you will be deemed to have SGA and may be denied SSDI benefits.

Find a Social Security Lawyer

If this all seems confusing to you – don’t worry! Our team of social security lawyers understands these complex SSDI and self-employment requirements and can guide you through the process of applying for or appealing an SSDI decision. Contact us today!

Americans Can Receive Up to $3,011/per month
in Disability Benefits

100% FREE and Confidential

Get the Benefits that you deserve!

100% Risk Free

See if You Qualify

After submitting an attorney will contact you promptly!

1Case History
2Case Details

A Proud Sponsor of:

Social Security Lawyer near me
“I was so relieved that I could collect enough to take care of my bills. Can’t thank you enough!”
Randy V.
San Diego, CA
“Thank you for making a tough situation less difficult. Just a few clicks and I was able to start getting disability benefits!”
Megan R.
Boston, MA

Legal Campaign Disclaimer: FreeCaseEvaluations.com is not a law firm, nor a lawyer referral service nor is it a substitute for hiring an attorney or law firm and does not provide legal advice. FreeCaseEvaluations.com does not endorse or recommend any participating Third Party Legal Professionals that pay to participate in this advertising. An attorney-client relationship is not formed when calling the number on this site or filling out a form. Services are not available in all states or for all legal categories.

social security disability attorney near me
Free Case Evaluation’s team is dedicated to help any injured US Citizen or eligible resident receive maximum compensation for their injury.

Call Us Anytime: +1 (888) 494-8098