20 C.F.R. § 404.1571
General
The work, without regard to legality, that you have done during any period in which you believe you are disabled may show that you are able to work at the substantial gainful activity level. If you are able to engage in substantial gainful activity, we will find that you are not disabled. (We explain the rules for persons who are statutorily blind in § 404.1584.) Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did. We will consider all of the medical and vocational evidence in your file to decide whether or not you have the ability to engage in substantial gainful activity.
Notes of Decisions
Cited in 2,107
cases (1,482 in the last 5 years), 1984–2026 · leading case: Bradley Cardew v. Comm'r of Soc. Sec.
Bradley Cardew v. Comm'r of Soc. Sec. (2018)
“…url="https://cite.case.law/citations/?q=20%20C.F.R.%20%C2%A7%20404.1571"> 20 C.F.R. § 404.1571 . "Substantial gainful activity is work activity that is both substantial and gainful." <s”
Lisa L. Cooper v. Commissioner of Social Security (2013)
“See 20 C.F.R. § 404.1571 . The ALJ makes this determination by considering the claimant’s physical, mental, and other abilities affected by the impairments.”
James W. Moore v. Commissioner of the Social Security Administration, Being Sued as Jo Anne Barnhart, Commissioner Socia (2002)
“Although Social Security regulations provide that employment “during any period” of claimed disability may be probative of a claimant’s ability to work, 20 C.F.R. §§ 404.1571 , 416.971 (emphasis added), no similar consideration is recommended with regard to work after the…”
Maria Pinto v. Larry G. Massanari, Acting Commissioner of the Social Security Administration (2001)
“See 20 C.F.R. §§ 404.1571 and 416.971, 404.”
Jones v. Berryhill (2019)
“The claimant has not engaged in substantial gainful activity since May 1, 2017, the alleged onset date ( 20 CFR 404.1571 et seq . ). 3.”
Eaton v. Colvin (2016)
“The claimant has not engaged in substantial gainful activity since June 16, 2011, the alleged onset date (20 CFR 404.1571 et seq.). 3.”
Patsy Copeland v. Carolyn Colvin, Acting Cmsnr (2014)
“” 20 C.F.R. §§ 404.1571 , 416.971. “Generally, if you worked for substantial earnings, we will find that you are able to do substantial gainful activity.”
Biller v. Colvin (2013)
“He began his analysis by first acknowledging that Plaintiff had not engaged in substantial gainful activity during the period from her alleged onset date of October 1, 2008 through her date last insured of March 31, 2010, in accordance with 20 C.F.R. § 404.1571 et seq. (R.”
Marks v. Colvin (2016)
“The claimant has not engaged in substantial gainful activity since October 15, 2005, the alleged onset date (20 CFR 404.1571 et seq. and 416.”
Howard MULLIS, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant (1988)
“…disability may show that a claimant can engage in substantial gainful activity. 20 C.F.R. § 404.1571 ; 20 C.F.R. § 404.1520 . Factors to be considered include amount of pay, length of time worked, and whether the work was conducted in a special work area or with special…”
Albert LAUER, Jr., Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee (1987)
“20 C.F.R. § 404.1571 . While we are in agreement with the Secretary that an applicant for disability benefits may ultimately — that is, at step five — be found to be able to engage in substantial gainful activity based upon his having previously performed some non-substantial…”
Bari E. Martz v. Commissioner, Social Security Administration (2016)
“…that the claimant is able to do more than she actually did. See 20 C.F.R. § 404.1571 (“The work ... that [the claimant has] done during any period in which [the claimant believes she is] disabled may show that [the claimant is] able to work at the substantial gainful…”
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