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John
John, Attorney
Category: Legal
Satisfied Customers: 4659
Experience:  Licensed and practicing attorney.
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I have a questions about disability husband. We have an

Customer Question

Hello, I have a questions about disability for my husband. We have an application in for him to start getting disability from Social Securty. We own our own business. I stopped paying him a paycheck from the company but have him in the corporation still as President shareholder of 50% and me as Vic President shareholder of 50%. Do I need to change this in the coming year so he can get disability?
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

He can still receive passive income as shareholder, he just cannot actively engage in services for remuneration, these are the SSA rules for substantial gainful activity for the self employed, which can be found at 20 CFR 404.157 - http://www.ecfr.gov/cgi-bin/text-idx?SID=d49173d692e1218e666bf65d44d02e5c&mc=true&node=se20.2.404_11575&rgn=div8 The short story of that regulation is that if you are not actively laboring in exchange for $, then it is not substantial gainful activity.

Expert:  John replied 1 year ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.