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SGA before Final Determination of SSI Eligibility

When the Social Security Administration (SSA) makes a final determination of your eligibility for Supplemental Security Income (SSI), you receive a notification of final determination. If you have not received that notification, or if you do not know whether or not you have received it, you should answer No to the question, "Has SSA notified you that a final determination of your eligibility for SSI has been made?" If you do not know, contact your SSI claims representative to find out your status.

You should be aware that if, prior to the final determination date, you have earnings that exceed the Substantial Gainful Activity (SGA) amount, you may be determined ineligible for SSI unless you have an Unsuccessful Work Attempt.

The rules do say, however, that if you begin engaging in SGA a year or more after the "onset" of your disability, then rather than lose your eligibility you will retain your SSI benefits under the provisions of 1619(a) and 1619(b) -- even if you have not yet received notification of final determination. For SSI purposes the onset date is usually the date of application for SSI. (See Onset of Disability for information about determining the onset for SSDI purposes.)

If you have not received notification of final determination and you have an opportunity to attempt working at the SGA level, you should contact your SSA claims representative to find out if doing so would jeopardize your SSI eligibility.

NOTE: SGA is not Applied Under SSI to People Who are Blind.
If you meet the medical definition of blindness used by SSA, Substantial Gainful Activity (SGA) is not a factor in deciding your SSI eligibility.

ALERT: All work activity must be reported to SSA. You should always contact SSA before you engage in any work activity to determine what effect, if any, working might have on your SSI benefits.

If you have not received a final determination notification (SSA calls this an "Award Certificate" form SSA-L-30C1, and it shows your established onset date and your month of entitlement to benefits), then your claim may not be finally adjudicated. This could mean that SSA has not determined an established date of onset, which could be different than either the date of your application or your alleged onset date. It could also mean that SSA has not made a determination of your disability.

Returning to work at the Substantial Gainful Activity (SGA) level under the conditions listed above, or within one year of the established date of onset, could possibly result in SSA determining that your disability has ceased and that you are not eligible for SSI.

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