On the recordFebruary 10, 1994
The answer is ``no.'' There will not have to be a conviction. What is taking place today under current regulations is that the administrative law judges, who carry out Social Security Administration regulations, will have individuals who are claiming eligibility for benefits come before them. They will ask them: Are you still abusing drugs, or alcohol? The answer is usually yes. They will then ask: How do you support this? The claimant will usually volunteer that he or she is engaging in illegal activity. That admission will be sufficient under this amendment to stop the flow of disability benefits. It does not require a conviction as such. If the SSA has evidence demonstrating that the claimant continues to engage in illegal behavior in order to support a habit, that would constitute gainful employment within the meaning of the act.
Source
govinfo.gov




