BASIC (11-81)

NL 00705.075 Notice Of Revision—Title II Allowance To Denial—Claimant Engaged in SGA

Add the following to an SSA-L951-C2, (Social Security Notice).

Social Security Notice

Your claim for Social Security Disability Insurance benefits has been re-examined because of the receipt of additional evidence. Evaluation of this evidence and the evidence already in your file shows that you do not meet the disability requirement of the law. It has been determined that the work you have done despite your impairment shows that you are able to do some type of substantial gainful work. Therefore, your claim must be denied. This revises the determination recently made that you are entitled to these benefits.

To qualify for benefits, a person must have a medical condition which prevents not only engaging in usual work, but any other substantial gainful work. This condition must last or be expected to last for a continuous period of at least 12 months. This condition must exist at a time when the person meets the earnings requirement of the law.

(NOTE: Replace this paragraph with the comparable paragraph from the SSA-L802 (for CDB revision) or SSA-L803 (for DWB revision). (See CM 6299 (Cont.).)

Substantial gainful work is any work generally performed for wage or profit, and requiring the performance of physical or mental duties. Work may be considered substantial even if part-time. In evaluating a person's work activity, consideration is given to such factors as the nature of the job duties and the skill and experience required to do the job, in addition to the earnings. The fact that the current work may be different, less complex and less gainful than that which was done before the disability began does not necessarily mean that the individual will be considered eligible for benefits under the law.

This decision refers only to your claim for benefits under the Social Security Disability Insurance program. Any decision about your payment under the Supplemental Security Income law will be sent to you in a separate notice.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900705075
NL 00705.075 - Notice Of Revision--Title II Allowance To Denial--Claimant Engaged in SGA - 01/30/2008
Batch run: 01/27/2009
Rev:01/30/2008