In this blog post, we will discuss the conditions under which individuals who are legally blind may be entitled to disability insurance benefits or childhood disability benefits, and the implications of engaging in substantial gainful activity.
We will break down the regulations under § 404.467 to provide a clear understanding of the benefits and the limitations surrounding them.
- Disability Insurance Benefits for Statutory Blindness: Individuals who are 55 years or older and meet the definition of disability based on statutory blindness (as defined in § 404.1581) may be entitled to disability insurance benefits. However, these benefits will not be paid to the individual or any beneficiaries on their earnings record for any month in which they engage in any type of substantial gainful activity.
- Childhood Disability Benefits for Statutory Blindness: Similarly, individuals who are 55 years or older and meet the definition of disability for childhood disability benefits based on statutory blindness (as prescribed in § 404.1583) may be entitled to these benefits. Nevertheless, no payments will be made for any month after December 1972 in which the individual engages in substantial gainful activity.
- Substantial Gainful Activity: Substantial gainful activity refers to a level of work activity that involves significant physical or mental tasks for pay or profit. This level of activity demonstrates that the individual has the ability to engage in competitive employment, which can affect their eligibility for disability benefits.
Example: John’s Story
John, a 57-year-old man, has been legally blind since childhood due to a rare genetic condition. He worked as a customer service representative at a call center for many years, but his vision worsened over time, making it increasingly difficult for him to perform his job effectively.
After consulting with his doctor and reviewing the regulations, John discovered that he met the criteria for disability insurance benefits based on statutory blindness (as defined in § 404.1581). He applied for and was granted these benefits.
However, John was passionate about technology and decided to start a small online business selling custom-made computer accessories. Over time, the business began to grow, and John’s income increased. His earnings reached a level that was considered substantial gainful activity, as it demonstrated his ability to engage in competitive employment.
As a result of his engagement in substantial gainful activity, John’s disability insurance benefits were suspended for the months he earned above the substantial gainful activity threshold. It’s important for John and others in similar situations to be aware of the impact of substantial gainful activity on their benefits, as well as any limitations and regulations surrounding their eligibility for disability benefits.
Conclusion: In conclusion, individuals who are legally blind and aged 55 or older may be entitled to disability insurance benefits or childhood disability benefits. However, their eligibility for these benefits may be affected if they engage in substantial gainful activity. It is essential for individuals and their families to be aware of the regulations and limitations surrounding these benefits to ensure they receive the appropriate support.
https://www.ssa.gov/OP_Home/cfr20/404/404-0467.htm
At Hugo Fierro & Michael Perez, we are a team of dedicated professionals with a comprehensive understanding of the complexities associated with Social Security disability claims. We take pride in leveraging our expertise to offer personalized guidance and support to our clients. Our highly skilled team is adept at navigating the intricate details of each case, ensuring that you receive valuable insights and customized assistance tailored to your unique needs.