Can I Get Disability Benefits in New Mexico If I Am Self-Employed?

Self-employment gives you flexibility and independence, but it does not come with the same safety net that traditional employees rely on. If a serious medical condition forces you to stop working, you may wonder whether Social Security Disability benefits are even an option for you. The short answer is yes. Being self-employed does not disqualify you from receiving benefits, but the process works differently than it does for traditional wage earners.

Does the SSA Consider Self-Employment Income?

The SSA counts self-employment income toward work credits, but how it evaluates your ability to work differs significantly from standard employment cases.

Social Security disability programs require work credits to qualify for Social Security Disability Insurance (SSDI). According to the Social Security Administration, self-employed workers earn credits the same way employees do, based on their net earnings from self-employment reported to the IRS. For 2025, self-employed workers generally earn one work credit for each $1,810 in net earnings from self-employment reported for Social Security purposes, up to four credits per year.

This means paying self-employment taxes is not just a legal obligation; it is what builds your eligibility for SSDI down the road. If you have been filing Schedule SE with your federal tax returns, those earnings count toward your work history.

Supplemental Security Income (SSI) is a separate program that does not require work credits. SSI is based on financial need, so self-employed individuals with limited income and resources may qualify regardless of their work history.

How Does the SSA Evaluate Self-Employed Applicants?

The SSA uses a three-part test to determine whether self-employed applicants are engaged in substantial gainful activity, which is more complex than the income threshold used for employees.

For employees, the SSA primarily looks at gross monthly wages to determine whether someone is performing substantial gainful activity (SGA). For self-employed individuals, the evaluation goes deeper. The SSA applies what it calls the “three tests” to assess whether your work activity counts as SGA:

  • Significant services and substantial income: You provide significant services to your business and receive substantial income from that business.
  • Comparability test: Your work, in terms of hours, skills, energy, and responsibility, is comparable to that of unimpaired self-employed individuals in similar businesses.
  • Worth of work test: Your work is worth more than the applicable monthly substantial gainful activity (SGA) amount based on its value to the business or what it would cost to pay someone else to perform the same duties, even if you do not personally receive that amount.

If your activity meets any one of these three tests, the SSA may determine you are performing SGA and deny your claim on that basis alone. Understanding how this evaluation works before you file can help you present your case more clearly.

What If You Reduced Your Work Due to Your Condition?

If your disability forced you to cut back on work or take on a less demanding role in your business, the SSA may still credit that reduction in activity when reviewing your claim.

Many self-employed people in New Mexico continue doing some work even after their condition worsens, simply because they cannot afford to stop entirely. The SSA does take into account whether you are working at reduced capacity due to your impairment. If you have had to hire additional help, hand off responsibilities, or significantly limit your hours because of your condition, documenting those changes matters.

Keep records showing how your business operations have changed. Profit and loss statements, invoices, and written explanations of your current role in the business can all support your claim.

Work Credits and New Mexico Residents

New Mexico self-employed workers must have paid self-employment taxes and reported net earnings to the IRS to accumulate the SSDI work credits needed to file a claim.

New Mexico has a large population of independent contractors, agricultural workers, and small business owners, many of whom may not fully realize that their self-employment taxes directly fund their potential SSDI eligibility. If you have consistently reported your income and paid into Social Security through self-employment taxes, you likely have the work history needed to pursue SSDI.

You can check your work credit history by creating a my Social Security account at ssa.gov. Reviewing your earnings record before filing helps you confirm eligibility and catch any reporting errors that could affect your claim.

Common Challenges for Self-Employed Applicants

Self-employed disability claims face specific hurdles. Irregular income can make it harder to establish a consistent earnings history. Business losses may obscure actual work activity. And the SSA may scrutinize whether you are genuinely unable to work or simply reducing your hours voluntarily.

Medical documentation remains the most critical piece of any disability claim, regardless of employment status. Your records must clearly establish that your condition prevents you from performing your past relevant work and from adjusting to other substantial gainful work that exists in significant numbers in the national economy.

The Social Security disability process in New Mexico often involves an initial denial, especially for complex cases like self-employment claims. Filing an appeal for a denied disability claim is a normal part of the process and not a sign that your case lacks merit.

If your claim reaches a hearing before an Administrative Law Judge, preparation becomes even more important. Our team has experience guiding clients through disability hearings and presenting the kind of evidence that supports a strong case.

Talk to a New Mexico Disability Attorney

At Roeschke Law, LLC, we represent New Mexico residents who are pursuing Social Security disability benefits, including those who are self-employed or have non-traditional work histories. We also serve Spanish-speaking clients throughout the state.

If you have questions about your eligibility or are ready to get started, contact us or call us at 505-407-0072. We are ready to help.