20 C.F.R. § 416.973

General information about work activity

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(a) The nature of your work. If your duties require use of your experience, skills, supervision and responsibilities, or contribute substantially to the operation of a business, this tends to show that you have the ability to work at the substantial gainful activity level.

(b) How well you perform. We consider how well you do your work when we determine whether or not you are doing substantial gainful activity. If you do your work satisfactorily, this may show that you are working at the substantial gainful activity level. If you are unable, because of your impairments, to do ordinary or simple tasks satisfactorily without more supervision or assistance than is usually given other people doing similar work, this may show that you are not working at the substantial gainful activity level. If you are doing work that involves minimal duties that make little or no demands on you and that are of little or no use to your employer, or to the operation of a business if you are self-employed, this does not show that you are working at the substantial gainful activity level.

(c) If your work is done under special conditions. The work you are doing may be done under special conditions that take into account your impairment, such as work done in a sheltered workshop or as a patient in a hospital. If your work is done under special conditions, we may find that it does not show that you have the ability to do substantial gainful activity. Also, if you are forced to stop or reduce your work because of the removal of special conditions that were related to your impairment and essential to your work, we may find that your work does not show that you are able to do substantial gainful activity. However, work done under special conditions may show that you have the necessary skills and ability to work at the substantial gainful activity level. Examples of the special conditions that may relate to your impairment include, but are not limited to, situations in which—

(1) You required and received special assistance from other employees in performing your work;

(2) You were allowed to work irregular hours or take frequent rest periods;

(3) You were provided with special equipment or were assigned work especially suited to your impairment;

(4) You were able to work only because of specially arranged circumstances, for example, other persons helped you prepare for or get to and from your work;

(5) You were permitted to work at a lower standard of productivity or efficiency than other employees; or

(6) You were given the opportunity to work, despite your impairment, because of family relationship, past association with your employer, or your employer's concern for your welfare.

(d) If you are self-employed. Supervisory, managerial, advisory or other significant personal services that you perform as a self-employed individual may show that you are able to do substantial gainful activity.

(e) Time spent in work. While the time you spend in work is important, we will not decide whether or not you are doing substantial gainful activity only on that basis. We will still evaluate the work to decide whether it is substantial and gainful regardless of whether you spend more time or less time at the job than workers who are not impaired and who are doing similar work as a regular means of their livelihood.

[45 FR 55621, Aug. 20, 1980, as amended at 65 FR 42788, July 11, 2000]

Notes of Decisions

Cited in 33 cases (15 in the last 5 years), 1983–2024 · leading case: Ralph E. Dukes v. Jo Anne B. Barnhart, Comm'r, Soc. Sec. Admin., 436 F.3d 923 (8th Cir. 2006).

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Ralph E. Dukes v. Jo Anne B. Barnhart, Comm'r, Soc. Sec. Admin., 436 F.3d 923 (8th Cir. 2006). · cites it 2× “3d at 1145 ; 20 C.F.R. §§ 416.973 , 416.974(a). The claimant is presumed to be engaged in substantial gainful activity if his or her earnings from that activity exceed the limits set by the regulations.”

Ellen Melville v. Kenneth S. Apfel, Comm'r of Soc. Sec., 198 F.3d 45 (2d Cir. 1999). “20 C.F.R. § 416.973 (b) (emphases added).”

Aragon-Lemus v. Barnhart, 280 F. Supp. 2d 62 (W.D.N.Y. 2003). · cites it 2× “20 C.F.R. § 416.973 . A certain earnings level, however, can be indicative of whether a particular job constituted substantial gainful activity.”

Estrella v. Colvin, 174 F. Supp. 3d 1090 (D. Ariz. 2016). “The regulations describe sheltered work as work “done under special conditions[]”, including that the claimant received special assistance, required special equipment, was allowed to work irregular hours or take frequent rest periods, and was permitted to work at a lower…”

Ruppert v. Sec'y of the United States Dep't of Health & Human Servs., 671 F. Supp. 151 (E.D.N.Y 1987). “Although employment in a sheltered workshop does not necessarily indicate that an individual lacks the necessary skills and ability for employment that constitutes a substantial gainful activity, 20 C.F.R. § 416.973 (c) (1986) (formerly codified at 20 C.”

Lavada J. Nettles v. Louis W. Sullivan, Sec'y of Health & Human Servs., 956 F.2d 820 (8th Cir. 1992). “1991), in which we held that a man who suffered frequent, violent seizures was not engaged in substantial gainful activity as an aide to a quadriplegic because earnings were charity rather than compensation. The record does not reflect that the Shealy Institute job was charity…”

Bertha M. Brenner v. Richard Schweiker, Sec'y of Dep't of Health & Human Servs. of the United States, 711 F.2d 96 (8th Cir. 1983). “20 C.F.R. § 416.973 (c) (1983) (formerly codified at 20 C.”

Hardaway v. Chater, 21 F. Supp. 2d 1138 (C.D. Cal. 1996). “) See 20 C.F.R §§ 416.973(a)-(e); 416.975(a)(1).”

Padilla v. Comm'r of Soc. Sec. (W.D. Ky. 2020). · cites it 3× “4–5] Plaintiff references 20 C.F.R. § 416.973 (c), arguing that “special conditions” apply to this work, such that it may not reflect an ability to perform substantial gainful activity.”

Musebeck by Musebeck v. Heckler, 614 F. Supp. 1086 (E.D. Pa. 1985). “” 20 C.F.R. § 416.973 (1984) (emphasis added) see also Chicager v.”

Acosta v. Apfel, 15 F. Supp. 2d 947 (C.D. Cal. 1998). “See 20 C.F.R. §§ 416.973 , 416.974; see also SSR 83-33, “Titles II and XVI: Determining Whether Work Is Substantial Gainful Activity—Employees,” 1983 WL 31255 (S.”

(SS) Oblia v. Comm'r of Soc. Sec. (E.D. Cal. 2020). · cites it 2× “20 C.F.R. § 416.973 (c)(2). “[T]he ALJ is required to 16 determine whether or not special conditions are required in order for plaintiff to be gainfully 17 employed and, if so, if this requirement affects her ability to get a job.”

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— 20 C.F.R. § 416.973(a) — 1 case

Hardaway v. Chater, 21 F. Supp. 2d 1138 (C.D. Cal. 1996). “) See 20 C.F.R §§ 416.973(a)-(e); 416.975(a)(1).”

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