We define “clearly not SGA” as earnings from employment that are clearly below the trial work period (TWP) service month threshold level (for the TWP service months amounts, see DI 13010.060).

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:

• •

  that conflicts with their allegation;

• •

  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.

If alleged earnings are below the TWP threshold, and there is no conflict with earnings data in our records (i.e., queries such as the Office of Child Support and Enforcement (OSCE) query), stop development and follow these guidelines:

• •

  Do not re-contact the claimant on the work activity or complete an SSA-821; and

• •

  Do not determine the exact amount of countable earnings.

• •

  Accept the claimant's allegation if the statement does not conflict with any other information on file.

• •

  Document the monthly earnings allegations and write “clearly not SGA” on the Remarks section of the (Disability Report-Field Office) in the electronic disability claim system (EDCS). For instructions on how to document the SSA-3367, see DI 11005.045.

• •

  In title XVI only cases, document your findings in EDCS and also on the IBIE screen (MSOM INTRANETSSI 014.032 Work Expenses — Blind Work Expenses and MSOM INTRANETSSI 014.033 Work Expenses— Impairment — Related Expenses).

• •

  If you have transferred the case to the DDS, alert the examiner to your “clearly not SGA” determination in EDCS, via the update after transfer (UAT) , following instructions in DI 81010.095.

• •

  If an exclusion prevents you from documenting your determination in EDCS, write your determination on a SSA-5002 and store in the Evidence Portal.

You have the authority to determine that earnings are clearly not SGA in initial entitlement cases, and continue case processing. Do not send a clearly not SGA case to the FO to process an SGA determination if the criteria in DI 10505.003A. applies. If you have any doubts about whether or not the earnings may represent SGA, send an action request (AR) to the FO for a determination on the work activity. Follow these guidelines to process “clearly not SGA” cases:

• •

  If you receive information that a claimant is working, and their work efforts result in earnings below the TWP threshold, and meets all other criteria of a “clearly not SGA” case as outlined in DI 10505.003A, do not return the case to the FO. For TWP service amounts, see DI 13010.060A.

• •

  Instead, document your determination that the work is clearly not SGA using the following tools:

  1. a. 

     Report of contact (SSA-5002);

  2. b. 

     eCAT (if available); or

  3. c. 

     The electronic case worksheet.

NOTE: Do not apply this policy to EXR cases, self-employed claimants, or for claimants who are in a position to control their earnings, such as a closed family corporation.

The DDS does not make SGA decisions in CDRs. Refer all work issues to the FO or PC, following procedure in DI 28050.010A.4.

When the FO or PC receives information from the beneficiary that they work, and their monthly earnings meet all of the following:

• •

  the total earnings match those in the master earnings file (MEF) total earnings (or the discrepancy is not significant to the determination); and

• •

  there is no discrepancy with earnings posted in the Office of Child Support Enforcement (OCSE) query; and

• •

  all earnings postings are clearly below the TWP level (even when considering possible reallocation); and

• •

  there is no other evidence (e.g., 3rd party report, or PM verified earnings on the Shared Process) indicating that the individual may be engaging in SGA or in a position to defer or suppress earnings.

Then:

Do not re-contact the beneficiary regarding the work activity, or complete a work activity report. You do not need to determine the exact amount of monthly countable earnings. Instead, follow these guidelines:

• •

  determine that the work activity is not SGA, because earnings are clearly below the TWP level; and

• •

  document the file with your findings on the eWork remarks screen, by documenting the earnings amount and verifying by allegation. Also, document your findings on an SSA-5002, and fax the form into the electronic folder. If the case is a not a certified electronic folder, fax the form into the NDRed, and insert it into the modular disability folder (MDF).