Your Dedicated

Team of Attorneys

Substantial Gainful Activity

Posted on December 13, 2022  

Generally speaking, you cannot work while at the same time apply for social Security
disability (SSD). Social Security calls work "substantial gainful activity" (SGA) which is
defined, for 2023, as grossing more than $1,470.00 a month. For 2022, the amount was
$1,350.00, and is adjusted upward annually for a cost-of-living adjustment(COLA.) Note that
SGA is computed on gross earnings (before taxes are deducted), and not take-home or net pay.
The reason SGA is such a small amount is that SSD is an all or nothing proposition: either one
can work, or one is disabled and cannot work. Therefore, if you are working but your gross
earnings are below the SGA amount, you can apply for disability. SGA is the first step in the
five-step sequential evaluation process Social Security uses to determine if you are disabled.

How Social Security Determines Disability

Posted on December 13, 2022  

Under the Social Security Act, "disability" is defined as an impairment (medical
condition) that has lasted or is expected to last 12 or more consecutive months. Note that you do
not have to wait a year to file for disability alter you stop working since the law contemplates
impairments that are"expected" to last 12 months. Social Security determines if you are
disabled by using a five-step sequential evaluation process. Those steps are:

  1. Are you working? As noted elsewhere in this blog section, Social Security
    calls work "substantial gain activity (SGA)" which is defined, for 2023, as grossing more than
    $1,470.00 a month. SGA is computed on gross earnings, before taxes are deducted, and not take-
    home or net pay. Therefore, if you are working and grossing more than the SGA amount, you
    will be denied at step One, and the disability evaluation process will proceed no further.
  2. Is your medical condition "severe?" Step Two is generally known as the
    durational step because your medical condition will fail at Step Two if your impairment is not
    expected to last 12 or more months in a row. Examples of impairments that fail at Step Two are
    things like a broken arm or seasonal asthma since these conditions generally resolve within a
  3. Does your impairment or combination of impairments meet a Listing
    under the Listings of Impairments? The Listings of Impairments are regulations promulgated by
    Social Security containing specific medical diagnostic criteria. If your medical records document
    al of the findings of a particular Listing, you will be found disabled and awarded benefits and the
    process will stop here at Step Three.
  4. Can you perform your past relevant work? The word "relevant" in this
    context means work you performed within the last 15 years. IfSocial Security concludes that
    your medical impairments do not preclude you from performing any of the jobs you held within
    the past 15 years then you will be found not disabled.
  5. Can you perform any other work? Social Security takes administrative
    notice of 1,600 sedentary and light unskilled jobs that can be performed without requiring any
    special skill, experience or training. These are not jobs that you have necessarily ever heard of,
    but are jobs found ni the Dictionary of Occupational Titles which Social Security refers ot at Step
    Five. You will be found not disabled if Social Security determines you retain the functional
    capacity to perform any of these jobs.

A Review of Car Accident Injuries

Posted on June 03, 2020  

There are over 225 million licensed drivers in the United States alone - and that number is always growing. Because of that, it should come as no surprise that car accidents are the number one reason behind injuries in the United States. According to the NHTSA (the National Highway Traffic Safety Administration), 36,000 car-related fatalities and almost 3 million car-related injuries happened in 2018 alone.

These numbers should prove cars are almost as common as car accidents. Which might lead one to wonder what car-related injuries occur most frequently and what causes them?

What are the most common car accident injuries?

  • Whiplash: It’s the most common injury in rear-end crashes. This neck injury is a result of a sudden and violent back-and-forth movement of the head. Common symptoms of whiplash include stiffness, headaches, neck and upper back pain, tinnitus, among other things. Whiplash symptoms usually develop over time, so it’s best to get a medical checkup even if you feel fine right after a car crash.
  • Head Injuries: Jolts and blows to the head are common during car accidents - and they are the leading cause of TBI, Traumatic Head Injury. TBI often manifests itself as a concussion which might lead to headaches, dizziness, nausea, sensitivity to light, and temporary loss of consciousness. Unfortunately, TBI has long-term effects.
  • Chest Injuries: Car-related chest injuries will range from mild to severe. Mild chest injuries can be bruises and severe chest injuries might include broken ribs. This type of injury happens when the driver’s chest hits the steering wheel after a crash. It can also happen when the driver’s momentum is suddenly stopped by a seat belt.
  • Arm and Leg Injuries: During side-impact crashes, both driver and passengers’ limbs might hit the car’s doors with enough force to cause an injury. These injuries range from scrapes to broken bones.

What are the leading causes of car accidents?

  • Distracted Driving: Even though we are instructed to always pay attention to the road, most people will get distracted one way or the other. This might happen because of texting, talking on the phone, using the GPS, or eating.
  • Drunk Driving: 10,000 lives are lost every year in the United States alone because of car crashes caused by drunk driving, according to the NHTSA.
  • Speeding: Speeding is a factor in ¼ of all traffic fatalities that happened in 2018.
  • Reckless Driving: Maneuvers without signaling or sudden and unexpected movements can cause tragic car accidents.

Have you been in a car accident? Contact a Car Accident Lawyer.

A car accident can change your life forever. It can affect your physical, mental, emotional, and financial well-being. The best thing that you can do when you are involved in a car accident, right after a medical checkup, is hiring a lawyer.

The right lawyer can help you fight for what you deserve - and you deserve financial compensation after a car accident has put your life at risk, no matter how small.

We have a long history of helping victims achieve justice. We have over three decades’ worth of experience.

Schedule a free consultation today. We charge no money until you are paid.

Municipal Worker

Posted on May 08, 2020  

We have discovered that old trends die hard. For example, many municipal entities, such as cities, counties, school districts and county own hospitals, decided in the 1980's that they would "self-insure" their health insurance plans. These municipal entities would use the premium payments of their employees to put into a pot that would pay the medical expenses of the employees. An insurance company would oversee the plan and pay the medical expense allowed under the plan.

If an employee was injured by the negligence of someone else then the plan would demand that the injured worker "repay" any of the medical expense that the plan made. Kansas law prohibited insurance companies from requesting reimbursement. This was a way to get around Kansas law.
In 1994, the Kansas Court of Appeals ruled that these municipal entities could request reimbursement because these plans were not "insurance".

Recently, we represented a young woman who received her insurance from a school district. We received a call from a business representing the school district requesting that our client repay over $50,000.00 of her settlement to this plan. We looked at the law and realized that the legislature had changed the law since the last time we had a case like this. The law no longer allows the plan to be repaid so this increased our client's settlement from approximately $13,000 to $63,000.

We also realized that many firms mistakenly repaid this money. We want to return this money to its rightful owner. Therefore, if you know anybody who worked for a municipal entity and paid part of his or her settlement to the employer in the last 5 years please call we may be able to help.

Contact Us Now

Contact Form

Why Choose

Brennan Gott Law

25 Years of Legal Experience

Initial Consultations

Always Goes the Extra Mile

Responsive & Caring

218 N. Mosley
Wichita, Kansas 67202
Tel: 316.682.8500
Fax: 316.682.6222
© 2024 Brennan Gott Law PA