An individual will be considered to have performed a VR continuous period if they
have performed:
-
1.
Nine consecutive months of SGA that meet the guidelines in DI 10501.015. (See DI 13510.010 for application of the SGA guidelines to the 9 month continuous period.)
-
2.
Nine months of SGA within ten consecutive months and has monthly earnings in those
9 months that meet the guidelines in DI 10505.005 and DI 10505.015. (One month without SGA earnings may be disregarded, regardless of the reason for
the individual not performing SGA.)
-
3.
At least 9 months of SGA within twelve consecutive months and those 9 months meet
the guidelines in DI 10505.005 and DI 10505.015 and the reason for not performing SGA in 2 or 3 of those months was circumstances
beyond their control and unrelated to the medical impairment (e.g., the employer closed
down for 3 months).
The VR continuous period of SGA should not be confused with other disability “periods” such as:
-
a.
the trial work period (TWP)
-
b.
extended period of eligibility (EPE)
-
c.
continued payments of benefits to individuals under vocational rehabilitation plans
(section 301)
The VR continuous period of SGA may, but need not, coincide with the TWP. For example,
there is no time limit for completing the TWP, whereas the VR continuous period of
SGA must be completed within 12 (or 9-12) months. Also, SGA is not a factor in counting
TWP months; it is for the VR continuous period of SGA.
The VR continuous period of SGA may fall within the extended period of eligibility,
or it may occur after disability ceased. The VR continuous period of SGA also applies
to SSI blind recipients who are not subject to SGA or trial work provisions.
The VR continuous period of SGA described in these instructions pertains only to the
State's right to receive reimbursement for rehabilitation services to beneficiaries/recipients.
It does not pertain to the person's entitlement or eligibility for benefit payments.