TN 6 (01-07)

DI 24001.025 Substantial Gainful Activity (SGA) Earnings Guidelines and Evaluation of Earnings and Income

A. Policy — SGA Earnings Guidelines

In deciding whether work is SGA, we may consider all pertinent facts about the individual's work, such as the nature of the duties, hours worked, productivity, pay, and any other factors related to the value of the services. Usually, the best gauge of a person's ability to work is the amount of pay received. In deciding whether the person is performing SGA, only the pay that has been earned through a person's own effort is counted. If, for example, it is necessary for an employer to provide special help for an individual to work, the value of such special assistance may be considered a subsidy. As such, only those earnings that are based on the individuals own productivity, are used in determining total earnings. Additionally, impairment-related work expenses incurred by a disabled individual will be deducted from earnings before determining whether the SGA level is met.

B. Policy — SGA Earnings Guidelines and Effective Dates Based On Year of Work Activity

1. Blind and Non-Blind Individuals Before 1978

See DI 10501.015A.

2. Non-Blind Individuals Only

See DI 10501.015B.

3. Blind Individuals Only

See DI 10501.015C.

C. Policy — Evaluation of Employee Earnings

See DI 10505.001 through DI 10505.025 for policy on evaluating the work activity of an employee.

D. Policy — Evaluation of Self-employment Income

See DI 10510.001 through DI 10510.020 for policy on evaluating the work activity of a self-employed individual.

E. Policy — Factors Which May Reduce Actual Earnings to a Level Lower Than Income Received

See DI 10505.010 for policy on determining countable earnings of an employee and DI 10510.020 for policy on determining countable income of a self-employed individual.

F. Policy — Special Employment Situations

See DI 10505.025 for policy on evaluating work activity in work therapy programs in military service; in certain government-sponsored programs; on committees established under the Federal Advisory Committee Act; in work outside of the U.S.; or in sheltered employment.

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