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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I am thinking of starting a small business. How much can I

Customer Question

I am thinking of starting a small business. How much can I earn before iy affects my benefits
JA: Thanks. Can you give me any more details about your issue?
Customer: Like what?
JA: OK got it. Last thing — Social Security Experts generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Social Security
Customer: replied 7 months ago.
I just gave $5 with $27 coming out after. This is quie a racket for sure me poor person trying to get help
Expert:  Stephanie O Joy, Esq replied 7 months ago.

Excuse me?

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Customer: replied 7 months ago.
It cam newton hrough
Customer: replied 7 months ago.
I hate spellcheck
Expert:  Stephanie O Joy, Esq replied 7 months ago.

I understand. I am in a moving vehicle as I type this - not easy!

Expert:  Stephanie O Joy, Esq replied 7 months ago.

OK, how old are you?

Customer: replied 7 months ago.
58 almost 59
Expert:  Stephanie O Joy, Esq replied 7 months ago.

What are you collecting?

Customer: replied 7 months ago.
Ssd
Customer: replied 7 months ago.
Social security. Disability
Expert:  Stephanie O Joy, Esq replied 7 months ago.

OK, you need to do a few things: 1) stay way below the $1090 net income (but before taxes) per month.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

But, I am also going to retrieve for you some information on how your hours put in much be limited, even if your net income is well below. I'll be back as soon as I can get that cite for you.

Customer: replied 7 months ago.
Ok way below that. Total proft for year under 3,000
Expert:  Stephanie O Joy, Esq replied 7 months ago.

Remember also it is your net after your business expenses - and hopefully you use a proficient tax preparer for that.

Customer: replied 7 months ago.
to both
Expert:  Stephanie O Joy, Esq replied 7 months ago.

https://www.ssa.gov/OP_Home/rulings/di/03/SSR83-34-di-03.html

The above explains 3 tests that the SSA will check you on to see if the work you are doing is actually SGA.

Customer: replied 7 months ago.
SGA ?
Expert:  Stephanie O Joy, Esq replied 7 months ago.

Substantial gainful activity - those that can or do, are not legally disabled.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

The hours worked is important too - even if the pay is not reflective.

Customer: replied 7 months ago.
This would be a few days s m
Mo th, mostly e--mails and phone calls
Customer: replied 7 months ago.
Few days a month
Expert:  Stephanie O Joy, Esq replied 7 months ago.

What we do, and you will want to do too, is figure out what exactly you do, what experience/education is requires, how much hours you do each type of thing, you will want to determine what the going rate is for that type of work in your regional area as well as how much that particular service in your particular company profits the company. Do up your specifics, then go through this article line by line to see if it could be interpreted as SGA.

Your limited hours, if 3 days/mo at 8/hours/day or 24 hours/month does not seem too worrisome. Particularly if profit is only 3000/year or 300/month.

For example, lets say you were doing cold calls 25 hours/ week, making $300/month in profit. If cold calling normally pays $15/hour, then your work efforts would generall be worth $1600 for a month - well over SGA even though you weren't making that in your own business. That would not be good. But if you are cold calling 25 hours/month at $15/hour going rate, that is $375 for the month, not SGA.

But again, you want to analize the nature of your business and your particular work activities for that business, with the 3 tests, it is very nitpicky and time-consuming, but may be helpful for you to know, going forward, how far you can go.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

You start getting going very strong, you can hire people to do much of it, so your hours are very reduced, including management time. You can prove YOU are not doing those things because you will have proof of paying someone else.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 7 months ago.
The information just caused more questions. The pages sent to me from the law were totally unintelligible
Expert:  Stephanie O Joy, Esq replied 7 months ago.

You likely want to obtain a full fledge consult if you find you can't negotiate the information laid out by the SSA. I completely understand, it has taken us years of practice and many, many ongoing CLEs to master it - in an every changing SSA landscape. BUT, it is what it is - you asked what you need to do to protect your SSD and not risk being found not disabled and NOT violating SGA. The POMS and other regs are the bible, and that one is the one to start with.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

There are some who provide analysis and guidance on how beneficiaries can develop their business that reduces their risk of trouble, but we are indeed rare. It involves many, many hours of work over a long period of time. But for those with viable businesses who seek that guidance and are willing/able to make that business expense, it is worth it.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

While most of our work involves securing SSD awards, there are those after the fact that want that. it is not as expensive as the attorney fee on an SSD claim but since it is not paid by back benefits, it can be seemingly more expensive. I think if a business is only going to truly net 3000/year, with only 6-7 hours of work that won't be valued high (as explained above), the risk is low of trouble IF you properly document all such hours, the nature of those hours, and your income and expenses. Don't try to document them after the fact if hit up with a CDR - by then it will be too late potentially, as it will lose credibility because it was created after the fact. So just keep on top of your info and document, document, document.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

If you have any particular clarification needed, just let me know. It is certainlny a textbook kind of question without the quickie answer, but I am here to help.

Expert:  Stephanie O Joy, Esq replied 7 months ago.

Urgent! There is just one more step needed, so thank you for finishing up!

Hello again. It is month end -Please, if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because it is the only way I can receive credit for time spent with you. Please:

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If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here!

Sincerely,

Stephanie O. Joy, Esq. – Your Online Legal Professional

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