20 C.F.R. § 416.971
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 § 416.984.) 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 533
cases (385 in the last 5 years), 1989–2026 · leading case: Ellen Melville v. Kenneth S. Apfel, Comm'r of Soc. Sec., 198 F.3d 45 (2d Cir. 1999).
Ellen Melville v. Kenneth S. Apfel, Comm'r of Soc. Sec., 198 F.3d 45 (2d Cir. 1999). “” 20 C.F.R. § 416.971 (1999); see also SSR 96-8p, Policy Interpretation Ruling Titles II and XVI: Assessing Residual Functional Capacity in Initial Claims (“SSR 96-8p”), 1996 WL 374184 , at *1 (S.”
United States v. Kaykeo Somsamouth, 352 F.3d 1271 (9th Cir. 2003). “20 C.F.R. § 416.971 . In other words, work is not an arcane concept in this context, and there was no need for the district court to define it further.”
Johnson v. Comm'r of Soc. Sec., 193 F. Supp. 3d 836 (N.D. Ohio 2016). “Summary of the Commissioner’s Decision The ALJ determined that Plaintiff had not engaged in substantial gainful activity since May 10, 2012, the date of application ( 20 C.F.R. § 416.971 et seq.); that she has severe impairments, including dysfunction of major joints (knees),…”
Morales v. Berryhill, 239 F. Supp. 3d 1211 (E.D. Cal. 2017). “The claimant has not engaged in substantial gainful activity since March 21, 2012, the application date ( 20 C.F.R. § 416.971 et seq.). 2. The claimant has the following severe impairments: mild L5-S1 degenerative disc disease (DDD), hearing loss, moderate, recurrent, major…”
Holley v. Colvin, 975 F. Supp. 2d 467 (D.N.J. 2013). “In satisfying step two, ALJ Lissek found that Plaintiff has “the following severe impairments: low back pain with radiculopa *478 thy, neck pain, a history of right ankle fracture, status-post surgery, asthma, hypertension, exogenous obesity, mood disorder and personality…”
Settles v. Colvin, 121 F. Supp. 3d 163 (D.D.C. 2015). “The claimant has not engaged in substantial gainful activity since May 21, 2010, the application date ( 20 C.F.R. § 416.971 et seq.). 2. The claimant has the following severe impairments: mild right-sided weakness as a.”
Mitsoff v. Comm'r of Soc. Sec., 940 F. Supp. 2d 693 (S.D. Ohio 2013). “The claimant has not engaged in substantial gainful activity since September 26, 2007, the application date ( 20 CFR § 416.971 et seq.); 2. The claimant has the following severe impairments: degenerative disc disease of the cervical and lumbar spine with residual effects of…”
Gann v. Colvin, 92 F. Supp. 3d 857 (N.D. Iowa 2015). “Exhibit 3D) (20 CFR 416.971 et seq.). (2) The claimant has the following severe impairments: obesity (Exhibit 9F, p.”
Thigpen v. Colvin, 208 F. Supp. 3d 129 (D.D.C. 2016). “[Plaintiff] has not engaged in substantial gainful activity since June 8, 2010, the amended alleged onset date (20 CFR 416.971 et seq.) 2. [Plaintiff] has the following severe impairments: schizoaffective disorder; bipolar disorder; depressive disorder/mood disorder; and…”
Kent v. Comm'r of Soc. Sec., 142 F. Supp. 3d 643 (S.D. Ohio 2015). “; 20 C.F.R. 416.971 et seq. 3. The claimant exhibits the signs and symptoms of [MMR] and an unspecified anxiety disorder.”
Hollon v. Comm'r of Soc. Sec., 142 F. Supp. 3d 577 (S.D. Ohio 2015). “The claimant has not engaged in substantial gainful activity since August 30, 2011, the application date (20 CFR 416.971 et seq.). 2. The claimant has the following severe impairments: cervical spine herniation, lumbar bulge, psychotic disorder, and major depression disorder (20…”
Wert v. Comm'r of Soc. Sec., 166 F. Supp. 3d 935 (S.D. Ohio 2016). “The claimant has not engaged in substantial gainful activity since January 19, 2012, the application date (20 CFR 416.971 et seq.). 2. The claimant has the following severe impairments: respiratory disorder (obstructive sleep apnea with mild asthma); obesity; headaches;…”
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