US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1382h

Benefits for individuals who perform substantial gainful activity despite severe medical impairment

(a)

Eligible individuals

(1)
section 1383(j) of this titlesection 1382 of this titlesection 1382 of this titlesection 1382(b)(1) of this titlesection 1382(b)(2) of this title Except as provided in , any individual who was determined to be an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under (or a federally administered State supplementary payment) for a month and whose earnings in a subsequent month exceed the amount designated by the Commissioner of Social Security ordinarily to represent substantial gainful activity shall qualify for a monthly benefit under this subsection for such subsequent month (which shall be in lieu of any benefit under ) equal to an amount determined under (or, in the case of an individual who has an eligible spouse, under ), and for purposes of subchapter XIX shall be considered to be receiving supplemental security income benefits under this subchapter, for so long as—
(A)
such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability; and
(B)
section 1382a(b) of this titlesection 1382 of this title the income of such individual, other than income excluded pursuant to , is not equal to or in excess of the amount which would cause him to be ineligible for payments under and such individual meets all other non-disability-related requirements for eligibility for benefits under this subchapter.
(2)
The Commissioner of Social Security shall make a determination under paragraph (1)(A) with respect to an individual not later than 12 months after the first month for which the individual qualifies for a benefit under this subsection.
(b)

Blind or disabled individuals receiving supplemental security income benefits

(1)
section 1383(j) of this titlesection 1382 of this title Except as provided in , for purposes of subchapter XIX, any individual who was determined to be a blind or disabled individual eligible to receive a benefit under or any federally administered State supplementary payment for a month and who in a subsequent month is ineligible for benefits under this subchapter (and for any federally administered State supplementary payments) because of his or her income shall, nevertheless, be considered to be receiving supplemental security income benefits for such subsequent month provided that the Commissioner of Social Security determines under regulations that—
(A)
such individual continues to be blind or continues to have the disabling physical or mental impairment on the basis of which he was found to be under a disability and, except for his earnings, meets all non-disability-related requirements for eligibility for benefits under this subchapter;
(B)
section 415(i) of this titlesection 1382(b) of this title the income of such individual would not, except for his earnings and increases pursuant to in the level of monthly insurance benefits to which the individual is entitled under subchapter II that occur while such individual is considered to be receiving supplemental security income benefits by reason of this subsection, be equal to or in excess of the amount which would cause him to be ineligible for payments under (if he were otherwise eligible for such payments);
(C)
the termination of eligibility for benefits under subchapter XIX would seriously inhibit his ability to continue his employment; and
(D)
such individual’s earnings are not sufficient to allow him to provide for himself a reasonable equivalent of the benefits under this subchapter (including any federally administered State supplementary payments), benefits under subchapter XIX, and publicly funded attendant care services (including personal care assistance), which would be available to him in the absence of such earnings.
(2)
(A)
Determinations made under paragraph (1)(D) shall be based on information and data updated no less frequently than annually.
(B)
section 1382a(b)(4)(B) of this titlesection 1382a(b)(4)(A) of this title In determining an individual’s earnings for purposes of paragraph (1)(D), there shall be excluded from such earnings an amount equal to the sum of any amounts which are or would be excluded under clauses (ii) and (iv) of (or under clauses (ii) and (iii) of ) in determining his or her income.
(3)
section 1396a(f) of this title In the case of a State that exercises the option under , any individual who—
(A)
(i)
qualifies for a benefit under subsection (a), or
(ii)
meets the requirements of paragraph (1); and
(B)
was eligible for medical assistance under the State plan approved under subchapter XIX in the month immediately preceding the first month in which the individual qualified for a benefit under such subsection or met such requirements,
shall remain eligible for medical assistance under such plan for so long as the individual qualifies for a benefit under such subsection or meets such requirements.
(c)

Continuing disability or blindness reviews; limitation

section 1383(j)(2)(A) of this titleSubsection (a)(2) and shall not be construed, singly or jointly, to require more than 1 determination during any 12-month period with respect to the continuing disability or blindness of an individual.

(d)

Information and training programs

The Commissioner of Social Security and the Secretary of Education shall jointly develop and disseminate information, and establish training programs for staff personnel, with respect to the potential availability of benefits and services for disabled individuals under the provisions of this section. The Commissioner of Social Security shall provide such information to individuals who are applicants for and recipients of benefits based on disability under this subchapter and shall conduct such programs for the staffs of the district offices of the Social Security Administration. The Secretary of Education shall conduct such programs for the staffs of the State Vocational Rehabilitation agencies, and in cooperation with such agencies shall also provide such information to other appropriate individuals and to public and private organizations and agencies which are concerned with rehabilitation and social services or which represent the disabled.

Aug. 14, 1935, ch. 531Pub. L. 96–265, title II, § 201(a)94 Stat. 445Pub. L. 97–35, title XXIII, § 2353o95 Stat. 873Pub. L. 98–460, § 14(b)98 Stat. 1808Pub. L. 99–643100 Stat. 3575Pub. L. 101–508, title V104 Stat. 1388–224Pub. L. 103–296, title I, § 107(a)(1)108 Stat. 1477(, title XVI, § 1619, as added , , ; amended (), , ; , , ; , §§ 4(a), (b), (c)(2), 7(a), , , 3577, 3579; , §§ 5032(a), 5039(a), , , 1388–226; , (4), title II, § 205(a), , , 1478, 1509.)

Editorial Notes

Amendments

Pub. L. 103–296, § 107(a)(4)1994—Subsecs. (a)(1), (2), (b)(1). , substituted “Commissioner of Social Security” for “Secretary”.

Pub. L. 103–296, § 205(a)section 415(i) of this titleSubsec. (b)(1)(B). , inserted “and increases pursuant to in the level of monthly insurance benefits to which the individual is entitled under subchapter II that occur while such individual is considered to be receiving supplemental security income benefits by reason of this subsection” after “earnings”.

Pub. L. 103–296, § 107(a)(1)Subsec. (d). , substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places.

Pub. L. 101–508, § 5032(a)1990—Subsec. (b)(1). , struck out “under age 65” after “any individual” in introductory provisions.

Pub. L. 101–508, § 5039(a)Subsecs. (c), (d). , added subsec. (c) and redesignated former subsec. (c) as (d).

Pub. L. 99–643, § 4(a)section 1382(b) of this titlesection 1382(e)(4) of this titlesection 1382(b)(1) of this titlesection 1382(b)(2) of this title1986—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any individual who is an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under or under this section for the month preceding the month for which eligibility for benefits under this section is now being determined, and who would otherwise be denied benefits by reason of or ceases to be an eligible individual (or eligible spouse) because his earnings have demonstrated a capacity to engage in substantial gainful activity, shall nevertheless qualify for a monthly benefit equal to an amount determined under (or, in the case of an individual who has an eligible spouse, under ), and for purposes of subchapter XIX of this chapter shall be considered a disabled individual receiving supplemental security income benefits under this subchapter, for so long as the Secretary determines that—

“(1) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability, and continues to meet all non-disability-related requirements for eligibility for benefits under this subchapter; and

section 1382a(b) of this titlesection 1382(b) of this title“(2) the income of such individual, other than income excluded pursuant to , is not equal to or in excess of the amount which would cause him to be ineligible for payments under (if he were otherwise eligible for such payments).”

Pub. L. 99–643, § 4(c)(2)(A)Subsec. (a)(1). , substituted “Except as provided in section 1383(j) of this section, any individual” for “Any individual”.

Pub. L. 99–643, § 4(b)(1)Subsec. (b). –(4), substituted “meets” for “continues to meet” in former par. (1) and “(including any federally administered State supplementary payments), benefits under subchapter XIX, and publicly funded attendant care services (including personal care assistance),” for “and subchapter XIX” in former par. (4), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and substituted introductory provisions of such par. (1) for former undesignated introductory provisions which read as follows: “For purposes of subchapter XIX, any individual under age 65 who, for the month preceding the first month in the period to which this subsection applies, received—

section 1382(b) of this title“(i) a payment of supplemental security income benefits under on the basis of blindness or disability,

section 1382e of this titlesection 212 of Public Law 93–66“(ii) a supplementary payment under or under on such basis,

“(iii) a payment of monthly benefits under subsection (a) of this section, or

section 1382e(c)(3) of this title“(iv) a supplementary payment under ,

shall be considered to be a blind or disabled individual receiving supplemental security income benefits for so long as the Secretary determines under regulations that—”.

Pub. L. 99–643, § 4(c)(2)(B)section 1383(j) of this titleSubsec. (b)(1). , substituted “Except as provided in , for purposes of” for “For purposes of”.

Pub. L. 99–643, § 4(b)(5)Subsec. (b)(2). , added par. (2).

Pub. L. 99–643, § 7(a)Subsec. (b)(3). , added par. (3).

Pub. L. 98–4601984—Subsec. (c). added subsec. (c).

Pub. L. 97–35, § 2353o1981—Subsec. (a). ()(1), substituted in provision preceding par. (1) “subchapter XIX” for “subchapters XIX and XX”.

Pub. L. 97–35, § 2353oSubsec. (b). (), substituted in provision preceding cl. (i) and in par. (4) “subchapter XIX” for “subchapters XIX and XX” and in par. (3) “subchapter XIX” for “subchapter XIX or XX”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–296section 110(a) of Pub. L. 103–296section 401 of this titleAmendment by section 107(a)(1), (4) of effective , see , set out as a note under .

Pub. L. 103–296, title II, § 205(b)108 Stat. 1509

“The amendment made by subsection (a) [amending this section] shall apply to eligibility determinations for months after December 1994.”
, , , provided that:

Effective Date of 1990 Amendment

Pub. L. 101–508, title V, § 5032(b)104 Stat. 1388–224

“The amendment made by subsection (a) [amending this section] shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted [November 1990].”
, , , provided that:

Pub. L. 101–508, title V, § 5039(c)104 Stat. 1388–226

section 1383 of this title“The amendments made by this section [amending this section and ] shall take effect on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–643section 10(b) of Pub. L. 99–643section 1396a of this titleAmendment by effective , except as otherwise provided, see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–35section 2354 of Pub. L. 97–35section 1397 of this titleAmendment by effective , except as otherwise explicitly provided, see , set out as an Effective Date note under .

Effective Date

Pub. L. 96–265, title II, § 201(d)94 Stat. 449Pub. L. 98–460, § 14(a)98 Stat. 1808Pub. L. 99–643, § 2100 Stat. 3574

section 1382e of this titlesection 1382 of this title“The amendments made by subsections (a) and (b) [enacting this section and amending and provisions set out as a note under ] shall become effective on .”
, , , as amended by , , ; , , , provided that:

Pub. L. 99–643, § 10(a)100 Stat. 3580

section 201(d) of Pub. L. 96–265“The amendment made by section 2 [amending , set out above] shall become effective on the date of the enactment of this Act [].”
[, , , provided that: ]

Separate Accounts With Respect to Benefits Payable; Evaluation of Program

Pub. L. 96–265, title II, § 201(e)94 Stat. 449

section 1382e of this titlesection 1382 of this title42 U.S.C. 401“The Secretary shall provide for separate accounts with respect to the benefits payable by reason of the amendments made by subsections (a) and (b) [enacting this section and amending and provisions set out as a note under ] so as to provide for evaluation of the effects of such amendments on the programs established by titles II, XVI, XIX, and XX of the Social Security Act [ et seq., 1381 et seq., 1396 et seq., 1397 et seq.].”
, , , provided that: