Substantial gainful activity is the ability to earn at least $1,090.00 per month in the open labor market across the United States.
If someone’s unable to earn that amount of money in 2015 based on a disability, they may be eligible for Social Security disability benefits.
Substantial gainful activity also means when deciphering whether somebody is capable of performing a job that there is a “significant number of jobs” available in the United States labor force. If you go to court to try to receive Social Security disability benefits, a labor market consultant will be present who may be listing off jobs that are available within the U.S. workforce that you as a disabled claimant can do.
Circuit Courts of Appeal have held that at least 1,400 job positions throughout the United States workforce meets the requirement of “significant number of jobs.” Actually, the Ninth Circuit Court of Appeals which includes Arizona at one point found that 1,266 positions throughout the United States met the parameters of significant number of jobs.
Of course, to even get to this point of the Social Security analysis, a disabled individual needs to prove that their impairment was severe, and they are not able to perform past relevant work.
The Social Security disability process is very complex. You should contact an attorney that has experience dealing with the process. Fendon Law Firm is the largest workers’ comp and Social Security disability law firm in the state of Arizona that is family owned. Please call us for a free consultation on your Social Security or workers’ compensation case.