II-6-4-42. Stored Paragraphs - SP 3 RV Work After Onset (All Titles)

Last Update: 9/1/05 (Transmittal II-6-13)

The [Administrative Law Judge] OR [Senior Staff Attorney] OR [Adjudication Officer] found that you were disabled starting [insert established onset date]. But the record shows that you worked after that date.

Under our rules, you are not disabled if:

In that case, we do not consider your medical condition or your age, education and work experience.

(See 20 CFR [404.1571-1576] OR 416.971-976] OR [404.1571-1576 and 416.971-976] for the rules about “substantial gainful activity.” The Code of Federal Regulations (CFR) is available for review at your local Social Security office.)

Unless you send us evidence that shows that you have not worked, or that your work after the date your disability started is not substantial gainful activity, we plan to send your case back to an Administrative Law Judge to consider this issue.