TN 81 (09-24)

DI 13010.115 Previous Determination Sheltered Work Was Not SGA

Frequently, development following a reporting of sheltered earnings is not productive. Either the earnings do not reach substantial gainful activity (SGA) levels or the work is similar to that previously determined not to be substantial gainful activity (SGA).

When an issue arises concerning the work a disability beneficiary performs in a sheltered setting, a full scale continuing disability review (CDR) and formal substantial gainful activity (SGA) determination may be unnecessary. To determine if some development may be curtailed, summarize the information on a report of contact (SSA-5002) and include the following information.

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  Work and the approximate duration of employment.

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  Information as to whether this work (or earnings) has been reported previously.

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  The amount of earnings for the year being reported on.

If the Field Office (FO) can determine from existing records (e.g., disability control file (DCF) information and eWork files) related to previous determinations from the same employer that the work is not SGA, no further development is needed. Document the findings in the disability control file (DCF) with the rationale in the Remarks area of the CDRW screen (see MSOM CDR 001.009 and 186-B and DI 13010.630 and DI 13010.675). Sheltered work is not substantial gainful activity (SGA) if any of the following conditions apply.

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  Current earnings are below the substantial gainful activity (SGA) level; or

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  The earnings equal or exceed the substantial gainful activity (SGA) level, but

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  There has been less than a 5% increase over the earnings most recently determined, and

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  The earnings are not more than 10 percent above the substantial gainful activity (SGA) level in effect at the time of the work activity, and

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  There is no indication that the employer or nature of the person's work is different from that previously reported.

When the work activity is the only issue, annotate the SSA-5002 with the remark “No action necessary (NAN)” and take action to associate the report (and any pertinent development) with the folder. Summarize the findings on the IRMK screen. If there is insufficient information to determine if the criteria are met, annotate the form, and disability control file (DCF), to this effect and transfer the action to OCO/PSC-DPB for their review. Complete any necessary development for the existence of impairment-related work expenses (IRWE) before releasing the file. OCO/PSC-DPB will request additional development if necessary.