To meet the definition of statutory blindness for individuals age 55 to full retirement
age, we define disability as “the inability by reason of such blindness to engage
in SGA requiring skills or abilities comparable to those of any SGA in which the individual
engaged prior to onset of blindness or age 55, whichever is later.” The Disability
Processing Branch in PSCs 1-6 maintain jurisdiction for all work CDRs for statutorily
blind beneficiaries age 55 and older, and is responsible for making the comparability
determination.
If the field office (FO) receives a work report for a statutorily blind DIB, DWB or
childhood disability benefits (CDB) beneficiary who is age 55 and older,
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1.
Establish the case in eWork, as Stat Blind, Obtain an SSA-821-BK (Work Activity Report-Employee) or SSA-820-BK (Work Activity Report for Self-Employed Person) to document all work activity from
the later of age 55 or the onset of blindness, to the present.
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2.
Upon completing the development, fax all material into the electronic folder (EF)
or into the Non Disability Repository for Evidentiary Documents (NDRED) if there is
no EF. Do not prepare a determination or suspend benefits.
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3.
Transfer eWork and the DCF to the PC of jurisdiction. Be sure to transfer both eWork
and DCF; your open DCF event establishes the Action Control Record (ACR) for the PC,
if an ACR is not already established.
Work CDR processing for statutorily blind beneficiaries age 55 and older:
If beneficiary: |
and then: |
the beneficiary is: |
was already entitled prior to age 55, is now statutorily blind and age 55 or older;
or over 55 (and not working when first entitled)
|
returns to work performing non-comparable SGA, for definition of comparable SGA see
DI 10515.015
|
entitled to TWP. After TWP, suspend benefits. Benefits remain in suspense (S9/MISCEL.),
and do not terminate. Medicare continues.
NOTE: The statute provides that these individuals continue to meet the definition of disability,
even though benefits are not payable, and does not cease (therefore a grace period
is not applicable). Consequently, the normal EPE rules do not apply.
|
returns to work performing comparable SGA
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entitled to TWP and EPE. Benefits terminate (T8) after EPE. Medicare terminates subject
to extended Medicare rules. Period of disability (freeze) continues.
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becomes entitled to benefits at or after age 55 while performing non-comparable SGA.
|
|
not eligible for TWP. Benefits remain in suspense (S7) and do not terminate. Becomes
eligible for Medicare after 24 months.
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starts performing comparable SGA
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entitled to TWP and EPE. Benefits terminate (T8) after EPE. Medicare terminates subject
to extended Medicare rules. Period of disability (freeze) continues.
|
the last previous work ended because of an impairment, and the current work requires
a significant vocational adjustment
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entitled to TWP and EPE. Benefits remain in suspense (S7), and do not terminate. Medicare
continues.
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NOTE: Beneficiaries in freeze status who have already completed a TWP and become re-entitled
through the DIB attainment process are not eligible for another TWP, regardless of
whether work is comparable, or non-comparable work.