Substantial gainful activity

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Substantial gainful activity is a term used in the United States by the Social Security Administration (SSA). Being incapable of substantial gainful employment is one of the criteria for eligibility for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. It is known as the "SGA requirement," and is defined in Section 520 of the Social Security Act.

To be eligible for SSI, an applicant must meet the following three conditions: they must have little or no income or resources, be considered medically disabled, and either not be working or working but earning less than the substantial gainful activity level. To be eligible for SSDI, an applicant must have worked and paid Social Security taxes for enough years to be covered under Social Security, as well as being medically disabled and either not be working or working but earning less than the substantial gainful activity level. [1]

Substantial gainful activity is defined by the Internal Revenue Service as "the performance of significant duties over a reasonable period of time while working for pay or profit, or in work generally done for pay or profit." [2]

Inability to engage in substantial gainful activity means that if a person works, they earn less than a certain amount of money. For non-blind people, the amount set by the SSA for 2009-10 was $980 per month. [3] If a claimant were to earn more than the set amount, they would no longer be considered disabled by the SSA, regardless of their medical condition, and their benefits would cease after two further disability checks. [4]

Monthly substantial gainful activity amounts by disability type: [5]
YearBlindNon-BlindYearBlindNon-BlindYearBlindNon-BlindYearBlindNon-Blind
1975$200$2001990$780$5002005$1,380$8302021$2,190$1,310
1976$230$2301991$810$5002006$1,450$860
1977$240$2401992$850$5002007$1,500$900
1978$334$2601993$880$5002008$1,570$940
1979$375$2801994$930$5002009$1,640$980
1980$417$3001995$940$5002010$1,640$1,000
1981$459$3001996$960$5002011$1,640$1,000
1982$500$3001997$1,000$5002012$1,690$1,010
1983$550$3001998$1,050$5002013$1,740$1,040
1984$580$3001999$1,110$7002014$1,800$1,070
1985$610$3002000$1,170$7002015$1,820$1,090
1986$650$3002001$1,240$7402016$1,820$1,130
1987$680$3002002$1,300$7802017$1,950$1,170
1987$680$3002002$1,300$7802018$1,970$1,180
1988$700$3002003$1,330$8002019$2,040$1,220
1989$740$3002004$1,350$8102020$2,110$1,260

SGA does not include any work a claimant does to take care of themselves, their families or home. It does not include unpaid work on hobbies, volunteer work, institutional therapy or training, attending school, clubs, social programs or similar activities: [6] however, such unpaid work may provide evidence that a claimant is capable of substantial gainful activity. [7] Earnings derived from criminal activity count in assessing whether someone is engaged in substantial gainful activity. [8]

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References

  1. ↑ Glennen, [edited by] Sharon L.; contributions, Denise C. DeCoste; with (1997). The handbook of augmentative and alternative communication ([Nachdr.] ed.). San Diego: Singular Pub. Group. pp.  350. ISBN   1565936841.{{cite book}}: |first= has generic name (help)
  2. ↑ Service, Department of the Treasury, Internal Revenue (2008). Your federal income tax for individuals: for use in preparing 2008 returns (2008 ed.). Washington D.C.: Internal Revenue Service. p. 225. ISBN   978-0160811951.
  3. ↑ Morton, David A. (2010). Nolo's guide to social security disability: getting & keeping your benefits (5th ed.). Berkeley, CA: Nolo. pp.  20–21. ISBN   978-1413311044.
  4. ↑ Tomkiel, Stanley A. (2007). The social security benefits handbook (5th ed.). Naperville, Ill: Sphinx Pub. pp. 130–131. ISBN   978-1572485778.
  5. ↑ "Substantial Gainful Activity". Social Security Administration. Retrieved November 4, 2020.
  6. ↑ Service, Department of the Treasury, Internal Revenue (2008). Your federal income tax for individuals : for use in preparing 2008 returns (2008 ed.). Washington D.C.: Internal Revenue Service. p. 225. ISBN   978-0160811951.
  7. ↑ Income tax regulations: including proposed regulations as of November 13, 2007 (Winter 2008 ed.). Chicago, IL: CCH. 2007. p. 2511. ISBN   978-0808018087.
  8. ↑ Sacks, Avram (2004). 2004 Social Security explained. Chicago, IL: CCH Inc. pp. 250–251. ISBN   0808010719.
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