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See § 404.1572 for what we mean by substantial gainful activity.
(k) Our rules on substantial gainful activity are found in §§ 416.971 through 416.974.
These explain what we mean by substantial gainful activity and how we evaluate your work activity.
the individual's disability renders the individual unable to perform substantial gainful activity.
(B) thereof for any month in which he engages in substantial gainful activity, and payment for such month under subsec.
Sitting or standing: those are crucial in judging whether a claimant, particularly one with little education, can "engage in a substantial gainful activity".
Similar(18)
L. 101 508, § 5103(b)(5), struck out "(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband)," after "gainful activity" in two places in first sentence following par.
An examination of both the language of the Social Security Act and its legislative history clearly demonstrates that the Secretary may proceed by regulation to determine whether substantial gainful work exists in the national economy.
An example will illustrate the error of the Third Circuits perception that the specifically enumerated previous work must be treated the same as the more general reference to any other kind of substantial gainful work. 294 F. 3d, at 572.
In reversing and remanding, the en banc Third Circuit held that §423(d)(2)(A) unambiguously provides that the ability to perform prior work disqualifies from benefits only if it is substantial gainful work which exists in the national economy.
The Third Circuits reading disregardsindeed, is precisely contrary tothe grammatical rule of the last antecedent, according to which a limiting clause or phrase (here, the relative clause which exists in the national economy) should ordinarily be read as modifying only the noun or phrase that it immediately follows (here, any other kind of substantial gainful work).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com