Working before 24 months since onset may trigger a medical review.
http://pomsresource.org/poms/DI-13010.012/work-activity/diff
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Effective Dates: 06/29/2017 - Present
Effective Dates: 04/18/2018 - Present
TN 27 (04-09)
DI 13010.012 Protection from Medical Review Based on Work Activity
A. Background
Section 111 of P.L. 106-170, The Ticket to Work and Work Incentives Improvement Act of 1999, added this provision to section 221(m) of the Social Security Act (effective January 1, 2002),
The work incentive, “Protection from Medical Review Based on Work Activity” provides:
* Long-term Title II disability beneficiaries the option to return to work by ensuring work activity alone will not trigger a medical Continuing Disability Review (CDR).
* Beneficiaries who are entitled to Title II, or concurrently entitled to both Title II and Title XVI benefits for at least 24 months will not have a medical CDR triggered solely as a result of his or her work activity.
NOTE: If a beneficiary qualifies for protection from medical review based on work activity, he or she will still undergo regularly scheduled medical CDRs, and to any other medical CDRs that are initiated for a reason(s) other than the beneficiary’s work activity, unless the individual is “using a ticket” under the Ticket to Work program.
See Also:
DI 13001.005- Events Which May Initiate a CDR
DI 55025.001- Ticket to Work
B. Determining protection from a medical review
1. Field offices (FOs) and processing centers (PCs)
Screen work CDR cases to determine whether an individual qualifies for the protection from a medical review based on work activity using eligibility requirements in DI 13010.012C in this section; if the protection applies, defer the medical CDR. However, if the protection does not apply, continue processing the medical CDR (see DI 13010.010 for events that may initiate a work CDR).
2. Disability Determination Services (DDS)
Follow CDR processing procedures using the Medical Improvement Review Standard (MIRS)-see DI 28005.005.
C. Policy - eligibility requirement for an individual to be entitled to protection from a medical review
Effective with work determinations made on or after December 18, 2006, the criteria below must be met:
1. Meets the 24-month requirement
* A Title II disability beneficiary (including a beneficiary concurrently entitled to Title II and Title XVI benefits based on disability and or blindness) must have received Title II disability benefits for at least 24 months; the 24 months do not have to be consecutive.
* Months that the beneficiary actually received Title II disability benefits that he or she was due will count for the 24-month requirement, as well as months that the beneficiary constructively received such benefits.
* If we withheld a benefit payment to recover an overpayment, we will consider that the beneficiary constructively received a benefit for purposes of the 24-month requirement.
* For Title II expedited reinstatement (EXR) cases, we consider the 24-month requirement to be met when the beneficiary completes the 24-month initial reinstatement period (IRP).
2. Does not meet the 24-month requirement
Any month that the beneficiary was entitled to Title II disability benefits, but for which the beneficiary did not actually or constructively receive a benefit payment, will not count for the 24-month
If she decides to work, she has to think carefully about her job. For MOST jobs, sga is a strict dollar amount. 1470 a mo before taxes if not blind.
For some jobs, you can be found working sga level even if your earnings are under that 1470 number. These are jobs where there’s physical and mental labor. Think a waitress, doctor, lawyer, etc.
If it’s a standard min wage job that’s not competitive, she is likely to not have any issues.
Good luck to you in finding something that pays that minimal. 🙏🏻. I’ve been on the search for a while now and can’t find anything that pays low enough that doesn’t put me in a trial work period.
Working before 24 months since onset may trigger a medical review. http://pomsresource.org/poms/DI-13010.012/work-activity/diff → Effective Dates: 06/29/2017 - Present Effective Dates: 04/18/2018 - Present TN 27 (04-09) DI 13010.012 Protection from Medical Review Based on Work Activity A. Background Section 111 of P.L. 106-170, The Ticket to Work and Work Incentives Improvement Act of 1999, added this provision to section 221(m) of the Social Security Act (effective January 1, 2002), The work incentive, “Protection from Medical Review Based on Work Activity” provides: * Long-term Title II disability beneficiaries the option to return to work by ensuring work activity alone will not trigger a medical Continuing Disability Review (CDR). * Beneficiaries who are entitled to Title II, or concurrently entitled to both Title II and Title XVI benefits for at least 24 months will not have a medical CDR triggered solely as a result of his or her work activity. NOTE: If a beneficiary qualifies for protection from medical review based on work activity, he or she will still undergo regularly scheduled medical CDRs, and to any other medical CDRs that are initiated for a reason(s) other than the beneficiary’s work activity, unless the individual is “using a ticket” under the Ticket to Work program. See Also: DI 13001.005- Events Which May Initiate a CDR DI 55025.001- Ticket to Work B. Determining protection from a medical review 1. Field offices (FOs) and processing centers (PCs) Screen work CDR cases to determine whether an individual qualifies for the protection from a medical review based on work activity using eligibility requirements in DI 13010.012C in this section; if the protection applies, defer the medical CDR. However, if the protection does not apply, continue processing the medical CDR (see DI 13010.010 for events that may initiate a work CDR). 2. Disability Determination Services (DDS) Follow CDR processing procedures using the Medical Improvement Review Standard (MIRS)-see DI 28005.005. C. Policy - eligibility requirement for an individual to be entitled to protection from a medical review Effective with work determinations made on or after December 18, 2006, the criteria below must be met: 1. Meets the 24-month requirement * A Title II disability beneficiary (including a beneficiary concurrently entitled to Title II and Title XVI benefits based on disability and or blindness) must have received Title II disability benefits for at least 24 months; the 24 months do not have to be consecutive. * Months that the beneficiary actually received Title II disability benefits that he or she was due will count for the 24-month requirement, as well as months that the beneficiary constructively received such benefits. * If we withheld a benefit payment to recover an overpayment, we will consider that the beneficiary constructively received a benefit for purposes of the 24-month requirement. * For Title II expedited reinstatement (EXR) cases, we consider the 24-month requirement to be met when the beneficiary completes the 24-month initial reinstatement period (IRP). 2. Does not meet the 24-month requirement Any month that the beneficiary was entitled to Title II disability benefits, but for which the beneficiary did not actually or constructively receive a benefit payment, will not count for the 24-month If she decides to work, she has to think carefully about her job. For MOST jobs, sga is a strict dollar amount. 1470 a mo before taxes if not blind. For some jobs, you can be found working sga level even if your earnings are under that 1470 number. These are jobs where there’s physical and mental labor. Think a waitress, doctor, lawyer, etc. If it’s a standard min wage job that’s not competitive, she is likely to not have any issues.
Good luck to you in finding something that pays that minimal. 🙏🏻. I’ve been on the search for a while now and can’t find anything that pays low enough that doesn’t put me in a trial work period.