When the field office (FO) or disability determination services (DDS) receives an
allegation that monthly earnings are below the TWP service month threshold level during
an initial claim or reconsideration, you do not need to complete an SSA-821-BK, Work
Activity Report if there's no evidence:
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•
that conflicts with their allegation;
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•
indicates they may be in position to control or suppress earnings.
EXAMPLE: A claimant files for disability 12/10/2025, and states that they stopped working
due to their disability on 11/02/2025. The FO forwards the claim to the DDS, and documents
the alleged onset date 11/02/2025. The claimant notifies SSA that they started working
one day a week doing light clerical duties for their employer again in 01/2026, and
is earning $600 a month. Since the claimant is earning below the TWP service amount,
and they are not in any position to suppress or defer their earnings, AND the DDS does not have any evidence that conflicts with the claimant’s allegation,
the DDS does not have to send this case to the FO to make an SGA decision. The DDS
makes a determination that the earnings are clearly not SGA, and continues to process
the case.
NOTE: Do not apply this policy to earnings amounts that are equal to or greater than the
TWP service amounts, expedited reinstatement (EXR) cases, self-employed individuals,
or for individuals who are in a position to control their earnings, such as closed
family corporations. You must process self-employment cases and questionable work
activity cases following the self-employment SGA guidelines in DI 10510.001.