“Depending on the circumstances, caring for a family member can mean you are ineligible for Social Security Disability Insurance (SSDI) benefits, and it can result in a denial or reduction of Supplemental Security Income (SSI) benefits,” Cuddigan Law Attorney Kim Schram points out.
The Social Security Administration (SSA) defines disability as the inability to do any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than 12 months. Social Security uses the term substantial gainful activity to describe a level of work activity and earnings. Work is ‘substantial’ if it involves doing significant physical or mental activities or a combination of both. For work activity to be substantial, it does not need to be performed on a full-time basis. Work activity performed on a part-time basis may also be SGA.
The SSA uses earnings guidelines to evaluate whether your work is substantial gainful activity. For non-blind individuals, the monthly SGA amount for 2025 is $1,620 for most people and $2,700 for individuals that are blind. If you are being paid to provide care for an aging parent, a disabled relative, or any other family member and your income exceeds this SGA limit, your benefits may be reduced or discontinued.
“But even if your care work does not exceed the SGA limit, it may cause the Administrative Law Judge who will decide your case to doubt whether you are as disabled as you claim to be,” Schram notes. “Being able to provide health and home care, may be seen as evidence of your ability to function. Sometimes we have clients who try to dismiss caring for a family member as not really work, but it is important to remember that Social Security makes the rules.”
“Another common situation we run into,” Schram says, “is when clients minimize or even totally leave out the contributions of others who also may provide care for that family member. Sometimes it is a misguided attempt to appear self-sacrificing and heroic, but it can harm your case. If, for example, you are caring for elderly parents, but because of your disability you can’t do it every day or you must frequently stop to rest, and you have a sibling who pitches in to help, share this information with your attorney who may have you testify about this situation at your disability hearing. You should also keep a ‘disability journal’. Simply stated, a disability journal is a log that tracks how your disability affects your day-to-day living, what you do to manage it, and how it may limit what care you can provide a family member.”
There are a few exceptions to the SGA rule—special circumstances—where an individual may be receiving more monthly earnings than the SGA limit and will still be considered disabled and thus be eligible for disability benefits. One special circumstance is known as “accommodated work,” when an employer may create special opportunities for a disabled worker that typically does not exist for the other employees of that company. “On occasion we have clients who will point to this exception and try to make a case that their family is making accommodations in the work caring for them,” Schram relates. “Social Security just doesn’t find this argument persuasive. We do not recommend this tactic.”
Being aware of how Social Security views caring for a family member can help you win disability benefits. Another way to improve your chances is with expert representation. A Government Accounting Office study revealed that if a claimant had a representative such as an attorney, they were three times more likely to be allowed benefits than someone who had no representation at all. The disability attorneys at Cuddigan Law stand ready to fight for your rights. Call or email us for a free evaluation of your case.
