How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13393
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
10805288
Type Your Social Security Question Here...
Stephanie O Joy, Esq is online now
A new question is answered every 9 seconds

Grateful for this service here. My situation: I am on SSDI.

Customer Question

HI! So grateful for this service here. My situation: I am on SSDI. I need to generate some income to supplement my benefits. If I drive for UBER and earn more than the monthly cap for “substantial Gainful employment” (currently $1130), if my gasoline expenses,cellphone bill, and /or other business-related expenses bring that total down to $1130 or less, is that acceptable to the SSDI people, or will they terminate my benefits?
Submitted: 5 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 5 months ago.

I am here. Be right back with a response.

Customer: replied 5 months ago.
OK, Great! I await your response. By he way, for fuel expense, should I just use the standard IRS per-mile deduction? And can I deduct my whole cell phone bill (UBER drivers need cell phone to get their driving assignments and to use the navigation apps) or just part of the bill? Once again, this is mainly because I am concerned about SSDI benefits, not so much income tax, although that matters too.
Expert:  Stephanie O Joy, Esq replied 5 months ago.

"HI! So grateful for this service here. My situation: I am on SSDI. I need to generate some income to supplement my benefits. If I drive for UBER ---- I assume you mean self employed, not a W2 employee.

"and earn more than the monthly cap for “substantial Gainful employment” (currently $1130), ----- there is gross revenue vs net income after business expenses.

"if my gasoline expenses,cellphone bill, and /or other business-related expenses bring that total down to $1130 or less, is that acceptable to the SSDI people, or will they terminate my benefits? ------ You have to, typically, as per IRS rules, file a Schedule C to report your income from the self employment, and the business expenses that get netted out to determine your NESE (net earnings from self employment). But you will definitely want receipts for everything you net out. And, remember that your cell phone may be used for personal use, and if so, you will want to only write off that part attributable to business. Make sure your gas receipts (if that is how you are doing gas, vs. mileage method - your accountant can help you decide) match your miles on record with Uber, so that you are not 'overwriting-off'. What you can deduct and not deduct will be something to address with your accountant that will be doing your taxes. IRS rules change all the time, and I am SSD not IRS. But I'd NOT expect you to be able to write off WHOLE cell phone, no.

I find standard mileage easier - but you will want to be meticulous in your exacting detail, because it will be scutinized

Expert:  Stephanie O Joy, Esq replied 5 months ago.

You also want to make sure driving is not contradictory to your claimed limits with your SSD claim, nor that your hours are anything but extremely minimal, say less than 10 hours/week. 15 tops.

Expert:  Stephanie O Joy, Esq replied 5 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy 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 5 months ago.
OK, THANKS!
Expert:  Stephanie O Joy, Esq replied 5 months ago.

You bet, please don't forget to rate with the 5 stars.