20 C.F.R. § 404.1572
What we mean by substantial gainful activity
Substantial gainful activity is work activity that is both substantial and gainful:
(a) Substantial work activity. Substantial work activity is work activity that involves doing significant physical or mental activities. Your work may be substantial even if it is done on a part-time basis or if you do less, get paid less, or have less responsibility than when you worked before.
(b) Gainful work activity. Gainful work activity is work activity that you do for pay or profit. Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized.
(c) Some other activities. Generally, we do not consider activities like taking care of yourself, household tasks, hobbies, therapy, school attendance, club activities, or social programs to be substantial gainful activity.
Notes of Decisions
Cited in 1,384
cases (841 in the last 5 years), 1981–2026 · leading case: WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Sec'y of Health & Human Servs., 900 F.2d 675 (3rd Cir. 1990).
WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Sec'y of Health & Human Servs., 900 F.2d 675 (3rd Cir. 1990). “§ 423 (d) and 20 C.F.R. § 404.1572 (1989). We conclude that her satisfactory performance of substantial, remunerative, 1 non-sheltered work on an on call basis, without special accommodations, constituted substantial gainful activity within the meaning of the Social Security Act.”
Bradley Lewis v. Kenneth S. Apfel, Comm'r of the Soc. Sec. Admin., 236 F.3d 503 (9th Cir. 2001). “20 C.F.R. §§ 404.1572 (c) & 416.972(c). Here, the ALJ concluded that Lewis had engaged in substantial gainful activity based on evidence that he had occasionally worked twenty hours per week during the period of alleged disability, and on Lewis’s statement that he had not cut…”
Bradley Cardew v. Comm'r of Soc. Sec., 896 F.3d 742 (6th Cir. 2018). “The ALJ's finding that Lear's paid internship could generally qualify as "substantial gainful activity" is supported by substantial evidence, though we reiterate that Cardew's special conditions and circumstances warrant further examination on remand.”
Michelle Valent v. Comm'r of Soc. Sec., 918 F.3d 516 (6th Cir. 2019). “” See 20 C.F.R. § 404.1572 .) Although we disagree with the Second Circuit’s holding that the statute unambiguously authorizes the Commissioner to “consider a failure to report work activity that generates profit or pay ‘material’ for purposes of § 1320-8,” Cappetta, 904 F.”
Rogelio Garcia v. Nancy Berryhill, Acting Cmsnr, 880 F.3d 700 (5th Cir. 2018). “20 C.F.R. § 404.1572 (a)-(b). 4 . It is unlikely that the ALJ erred in failing to procure the original report.”
Durden v. Colvin, 191 F. Supp. 3d 429 (M.D. Penn. 2016). “While ADLs and sporadic and transitory activities cannot be used to show an ability to engage in “substantial gainful activity” ( 20 C.F.R. §§ 404.1572 (c), 416.972(c); SSR 96-8P; Fargnoli v.”
Balodis v. Leavitt, 704 F. Supp. 2d 255 (E.D.N.Y 2010). “Substantial work activity is work activity that involves doing significant physical or mental activities, 20 C.F.R. § 404.1572 (a), and gainful work activity is work usually done for pay or profit, 20 C.”
Stephen A. Kelley, Jr. v. Kenneth S. Apfel, Comm'r of the Soc. Sec. Admin., 185 F.3d 1211 (11th Cir. 1999). “In so holding, we relied on 20 C.F.R. § 404.1572 (a), which provides that “[y]our work may be substantial even if it is done on a part-time basis.”
Henningsen v. Comm'r of the Soc. Sec. Admin., 111 F. Supp. 3d 250 (E.D.N.Y 2015). “” 20 C.F.R. § 404.1572 (a). “Gainful work activity” “is the kind of work usually done for pay or profit, whether or not a profit is realized.”
Michael E. Golembiewski v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 322 F.3d 912 (7th Cir. 2003). “Engaging in the familiar five-step analysis used to evaluate disability claims, 20 C.F.R. § 404.1572 , the ALJ concluded that Golembiewski (1) did not have a job, (2) had a severe impairment, (3) did not have an impairment or combination of impairments listed in the agency’s…”
Perez v. Barnhart, 415 F.3d 457 (5th Cir. 2005). “at 452-53 (citing 20 C.F.R. § 404.1572 (a)-(b)). The ALJ uses a five-step sequential analysis to evaluate claims of disability: (1) whether the claimant is currently engaged in substantial gainful activity (whether the claimant is working); (2) whether the claimant has a severe…”
Delker v. Comm'r of Soc. Sec., 658 F. Supp. 2d 1340 (M.D. Fla. 2009). “20 CFR §§ 404.1572 (a), 416.972(a). “Gainful work activity” is work that is usually performed for pay or profit, whether or not a profit is realized.”
— 20 C.F.R. § 404.1572(a) — 24 cases
Egan v. Craig, 967 S.W.2d 120 (Mo. Ct. App. 1998).
Porter v. Chater, 895 F. Supp. 1427 (D. Kan. 1995).
Guillen v. Astrue, 584 F. Supp. 2d 930 (W.D. Tex. 2008).
Gerald L. Rupe v. Shirley S. Chater, Comm'r 1 , Soc. Sec. Admin., 81 F.3d 173 (10th Cir. 1996).
Curtis C. Cline v. Shirley S. Chater, Comm'r of Soc. Sec., 82 F.3d 409 (4th Cir. 1996).
— 20 C.F.R. § 404.1572(b) — 20 cases
Gerald L. Rupe v. Shirley S. Chater, Comm'r 1 , Soc. Sec. Admin., 81 F.3d 173 (10th Cir. 1996).
Jones v. Soc. Sec., Comm'r of (E.D. Mich. 2024).
Cooper v. Saul (E.D. Mo. 2022).
Goolsby v. Kijakazi (E.D. Mo. 2022).
Taylor v. Saul (E.D. Mo. 2022).
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