Social Security Ruling SSR 94-1c; Supplemental Security Income DisabilityIllegal Activity as Substantial Gainful Activity

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In accordance with 20 CFR 422.406(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling 94-1c. This Ruling is based on the decision of the U.S. Court of Appeals for the Seventh Circuit in Dotson v. Shalala, which affirmed the U.S. district court decision upholding the decision of the Secretary of Health and Human Services denying the claimant's application for disability benefits under the supplemental security income program. Among other things, the court of appeals determined that the decision of the Secretary that the illegal activity in which the claimant engaged to support a drug addiction constituted substantial gainful activity (SGA) was consistent with the Social Security Act and the Secretary's regulations and supported by substantial evidence, and that in determining whether such activity was SGA, the cost of the claimant's narcotics could not be deducted from the claimant's income as an impairment-related work expense.