---
kind: "section"
citation: "20 C.F.R. § 416.2210"
title: "20"
number: "416.2210"
heading: "What we mean by “SGA” and by “a continuous period of 9 months”."
url: "https://uscodex.org/cfr/20/416.2210"
---

# §416.2210. What we mean by “SGA” and by “a continuous period of 9 months”.

- (a) **What we mean by “SGA”.** In determining whether an individual's work is SGA, we will follow the rules in [§§ 416.972 through 416.975](/cfr/20/416.972..416.975.md). We will follow these same rules for individuals who are statutorily blind, but we will evaluate the earnings in accordance with the rules in [§ 404.1584(d)](/cfr/20/404.1584.md?p=d) of this chapter.
- (b) **What we mean by “a continuous period of 9 months”.** A continuous period of 9 months ordinarily means a period of 9 consecutive calendar months. Exception: When an individual does not perform SGA in 9 consecutive calendar months, he or she will be considered to have done so if—
  - (1) The individual performs 9 months of SGA within 10 consecutive months and has monthly earnings that meet or exceed the guidelines in [§ 416.974(b)(2)](/cfr/20/416.974.md?p=b-2), or [§ 404.1584(d)](/cfr/20/404.1584.md?p=d) of this chapter if the individual is statutorily blind, or
  - (2) The individual performs at least 9 months of SGA within 12 consecutive months, and the reason for not performing SGA in 2 or 3 of those months was due to circumstances beyond his or her control and unrelated to the impairment (e.g., the employer closed down for 3 months).
- (c) **What work we consider.** In determining if a continuous period of SGA has been completed, all of an individual's work activity may be evaluated for purposes of this section, including work performed before October 1, 1981, during a trial work period, and after eligibility for disability or blindness payments ended. We will ordinarily consider only the first 9 months of SGA that occurs. The exception will be if an individual who completed 9 months of SGA later stops performing SGA, received VR services and then performs SGA for a 9-month period. See [§ 416.2215](/cfr/20/416.2215.md) for the use of the continuous period in determining payment for VR services.

## Notes

### Amendments

[48 FR 6297, Feb. 10, 1983, as amended at 55 FR 8457, Mar. 8, 1990]

### Authority

Authority: Secs. 702(a)(5), 1615, 1631(d)(1) and (e), and 1633(a) of the Social Security Act (42 U.S.C. 902(a)(5), 1382d, 1383(d)(1) and (e), and 1383b(a)).

### Source

Source: 48 FR 6297, Feb. 10, 1983, unless otherwise noted.

### Amendments

[48 FR 6297, Feb. 10, 1983, as amended at 55 FR 8457, Mar. 8, 1990]