Disability Determination - Step 1
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Disability Determination - Step 1


Revised December 15, 2011



WAC 388-449-0005Sequential Evaluation Process Step 1 -- How does the department determine if you are performing substantial gainful employment?

WAC 388-449-0005
WAC 388-449-0005

Effective November 1, 2011

WAC 388-449-0005 Sequential Evaluation Process Step 1 -- How does the department determine if you are performing substantial gainful employment?

We deny disability if you are engaging in substantial gainful activity (SGA) when you apply for Aged, Blind, or Disabled (ABD) benefits."Substantial Gainful Activity" means you are performing, in a regular and predictable manner, an activity usually done for pay or profit.

  1. You must be earning less than the SGA standard as defined by the Social Security Administration (SSA) to be eligible for ABD cash, unless:
    1. You work under special conditions that go beyond the employer providing reasonable accommodation, such as in a sheltered workshop; or
    2. You provide evidence you work occasionally or part-time because your impairment limits the hours you are able to work compared to unimpaired workers in the same job.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

The SGA is an earnings standard that is adjusted periodically by SSA. An individual may be financial eligible for ABD cash but fail the disability requirement if they are working and earning above the SGA limit. Examples of jobs that a person may that aren’t counted toward ABD when determining financial eligibility, but are considered when determining SGA are earnings from:

·         Work study

·         AmeriCorps

·         University Year for Action

·         Urban Crime Prevention Program

·         Retired Senior Volunteer Program

 

Modification Date: December 15, 2011