In this contribution we present a method for estimating linearity performance of devices operating in the higher millimeter-wave region, under modulated signals and over different loading conditions. The proposed method uses the power dependent vector gain extracted during continuous-wave large signal (load pull) measurements. The EVM prediction capability of the method is benchmarked with experimental load pull data with realistic modulated signals (QAM16) in the 5 GHz (RF) and in the 26 GHz (5G) bands on a 22nm CMOS FD-SOI device. The EVM estimated by the model correlates to the load pull measurements under complex modulated stimulus and properly predicts the best loading condition for linearity. Finally, the proposed method is used to estimate the EVM performance (QAM16) and the optimal loading condition for a 22nm CMOS-SOI device operating in the higher millimeter-wave region, at 165 GHz.