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Lund Law Carolina
Lund Law Carolina

Call Or Text Us Now For A Free Consultation

(704) 412-4773

Navigating The SSD Application Process As A Self-Employed Individual In North Carolina

  • By: David H. Lund, Esq.

Filing Social Security Disability claim as a self-employed worker in North Carolina.In this article, you will discover:

  • The documentation a self-employed person needs for filing a Social Security Disability application.
  • What constitutes Substantial Gainful Activity for self-employed people.
  • Common mistakes self-employed people make on SSD applications.

Documentation Self-Employed Individuals Need For An SSD Application

Before you file any claim, you need to pay Social Security taxes, not just your federal or state taxes. In order to get the most out of Social Security, pay your Social Security tax when you’re filing your regular taxes.

If you are self-employed and continue to work while pursuing disability, you should document:

  • The number of hours you are involved in self-employment
  • Whether there are other people doing work for you
  • Whether you had to make any changes to the work you do because of your health issues
  • Whether there are additional expenses incurred as a result of your health issues so you can continue with you self-employment

What Counts As Substantial Gainful Activity (SGA) For Self-Employed Individuals?

You always start with the dollar amount. The same figure applies whether you are self-employed or working for someone else. For 2025, the maximum that you can earn and still qualify for Social Security Disability is $1,620 a month before taxes.

There are other considerations that come into play if you are self-employed. Social Security acknowledges that self-employed people may not always have the level income from their work that you may have from a job with an hourly wage. Business expenses may reduce the income you show.

You do want to track hours in addition to the actual income you show. SSA has three primary questions to address when evaluating self-employment:

  • Whether you are providing significant services to the business
  • What is the economic value of the work that you do
  • Whether you receive substantial income from the business

How Can I Prove My Work History When I’m Self-Employed?

Filing taxes would be the primary way to prove your work history. Beyond that, actual documentation of work responsibilities comes down to you and some of the forms completed in the process of filing for disability.

Your work history is part of the application filed at the very outset. Often, Disability Determination Services (DDS) also asks for a work history form to be completed. This form gives them a complete picture of what your job entailed, not just the description but the physical and mental requirements of the tasks you were doing.

Common Mistakes Self-Employed Individuals Make On Their SSD Application

Not Paying Social Security Taxes

The first mistake is working for a long time and not paying Social Security taxes. Filing Social Security tax is key. As a business owner, you may spend a lot of time trying to reduce the amount of income that shows on your taxes. Although you might have substantial income from self-employment, it’s not reflected in the amount you pay in taxes.

If you don’t pay into the system through taxes, you won’t get as much back from Social Security. Sometimes, you haven’t paid enough to get anything back at all.

Working Too Much After You Claim Disability

The second mistake involves running your business after you claim disability. If you remain involved in the operation of your business, it becomes difficult to show Social Security that you’re no longer working.

For example, a contractor might have to scale back from doing physical labor but may still go out and bid for jobs or provide advice to workers. They are not physically out there doing the work they used to do, but Social Security may look at that involvement and still consider it work.

It’s essential to ensure there is a clear delineation of where you stopped participating in the day-to-day operation of the work and are no longer an active participant, even though the business continues to run.

Why Should I Consult A Disability Attorney For My Self-Employed SSD Claim?

You should consult a disability attorney to:

  • Ensure you know what you’re in for during the application process
  • Ensure the presentation of that information to Social Security is as clean as possible before filing

What Advice Do You Give Self-Employed Individuals About Documenting Their Work Limitations Due To Their Disability?

Whatever your health challenges may be, make sure your doctor is aware of:

  • How your disability is impacting your ability to work
  • The difficulties you’re having in the performance of your regular duties
  • Why you need to stop working
  • Why the doctor recommends you stop working or make changes to the kinds of tasks you’re doing

Still Have Questions? Ready To Get Started?

For more information on navigating the SSD application process, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 412-4773 today.

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