The City of Sunrise is home to the Bank Atlantic Center, in which the Florida Panthers hockey team is based playing at the BB & T Center.. Tourists from the world over shop at the famous Sawgrass Mills Mall. Nearly 85,000 proud residents live in Sunrise, Florida. The Broward County School District services Sunrise, Florida, with many award winning schools, including Piper High School.
Sunrise Social Security Disability Lawyer and Attorney, is proud to have been serving this community, a neighbor of Ft. Lauderdale, for over 30 years in Social Security Disability matters. There are complicated issues which arise when a self-employed individual seeks Social Security Disability Benefits. Attorney Randy Zeldin, Esq. has represented self-employed claimants of Sunrise and Ft. Lauderdale seeking Social Security Disability.
The foremost problem regarding a self-employed claimant, is determining whether he or she is or is not engaged in substantial gainful employment. The Courts find that self-employment income alone is not a reliable factor in determining whether an individual is substantially and gainfully employed. There are three tests established for the evaluation of work activity by self-employed individuals:
- Significant services and substantial income. The work is considered substantial gainful activity if services rendered “are significant to the operation of the business and if the individual receives a substantial income from the business. If it is clearly established that the claimant is not substantially and gainfully employed, the two following tests must be engaged:
- The individual’s work activity is comparable to that of unimpaired individuals in the same community engaged in the same or similar business based on all relevant factors, such as hours, skills, energy output; efficiency, duties and responsibilities.
- The individual’s work activity, while not comparable to unimpaired individuals, is “clearly worth more” than the annual earnings guidelines (approximately $1,000.00 per month) when considered in relations to its value to the business or compared to the salary an owner would pay to an employee for the same duties.
Social Security Disability Attorney Randy Zeldin, Esq., serving Sunrise, Florida, represents Social Security Disability claimants with a “self-employment” work history. Typically, self-employment work history and earnings records, receive far greater scrutiny than cases when individuals are receiving salary as employees.
The Earnings Comp Determination form is a record of the claimant’s reported earnings from both salary and self-employment. The form reflects computation of the claimant’s PIA, “Primary Insurance Amount”, which is the amount of monthly benefits payable to a disabled beneficiary. If accurate, the form will capture ALL earnings assigned to the Claimant’s Social Security number, for all quarters of earnings and coverage, whatever the sources (e.g. self-employment or salaried). Sometimes Social Security Disability Attorney Randy Zeldin, Esq., of Sunrise and Broward County Florida, learns that there are inaccuracies or missing earnings in Social Security Administration records. This requires comparison of Social Security Administration records with the client’s own recollection and records. If there is an error, it must be rectified, as the claimant may be unfairly deprived of Social Security Disability benefits. Inaccuracies in Social Security Administration records can change the Date Last Insured, which is the date by which a claimant must be found disabled to receive Social Security Disability benefits. The Date of Entitlement will reflect the backwards reach of benefits, based on the pending application and the alleged date of onset.
Attorney Randy Zeldin, Esq., offers free, in-office consultations to Claimants living in Sunrise, Florida and throughout Broward County, Florida.
The Boca Raton law office of Randy Zeldin, Esq. is conveniently located on 6111 Broken Sound Pkwy NW, #200. Telephone (877) 839-4243.