1150—EARNINGS REQUIREMENT—GENERAL AND SPECIFIC
         1150A—General
         The law requires that a disabled person must have a specified amount of social security
            credits during a particular period of time. A person disabled before age 24 must have
            credit for at least 6 calendar quarters (1 1/2 years) of work under social security
            during the 3-year period ending with the quarter in which the disability begins.
         
          
         A person disabled at ages 24 through 30 must have credit for work under social security
            in at least one half of the calendar quarters beginning with the quarter after age
            21 and ending with the quarter in which the disability begins.
         
          
         A person disabled at age 31 or later must meet two covered work requirements:
         (1) he/she needs 20 calendar quarters (5 years) of work under social security during
            the 10-year period ending with the quarter disability begins.
         
         (2) he/she also needs credit for 1 calendar quarter of work for each year after 1950
            (or after reaching age 21, if that is later) up to the year the disability begins.
         
         In the second instance, the credits may have been earned at any time.
         1150B—Specific
         One of the requirements of the law is that a person disabled   (1)   or (2) or (3).
         (1) before age 24 must have credit for at least 6 calendar quarters (1 1/2 years)
            of work under social security during the 3 year period ending with the quarter in
            which the disability begins.
         
         (2) at ages 24 through 30 must have credit for work under social security in at least
            half of the calendar quarters beginning with the quarter after age 21 and ending with
            the quarter in which the disability begins.
         
         (3) at age 31 or later must meet two covered work requirements:
         
            
            - 
               (a)
            
- 
               needs 20 calendar quarters (5 years) of work under social security during a 40-quarter
                  period (10 years) ending in or after the quarter the disability begins.
                
- 
               (b)
            
- 
               he/she also needs credit for 1 calendar quarter of work for each year after 1950 (or
                  after reaching age 21, if that is later) up to the year disability begins.
                
In the second instance, the credits may have been earned at any time.
          
         1151—DIB AND FREEZE—DISABILITY REQUIREMENTS
         To be considered disabled for social security purposes, a person must be unable to
            do any substantial gainful work because of a medical condition which has lasted or
            can be expected to last for a continuous period of at least 12 months or must be expected
            to end in death. His/Her impairment must be severe enough to prevent him/her from
            working not only in his/her usual occupation but in any other substantial gainful
            work. His/Her age, education, remaining functional capacity, training, and work experience
            are considered in determining how his/her impairment affects his/her ability to work.
         
          
         1152—DIB AND FREEZE—DISABILITY AND EARNINGS REQUIREMENTS
         To be considered disabled for social security purposes a person must be unable to
            do any substantial gainful work because of a medical condition which has lasted or
            can be expected to last for a continuous period of at least 12 months or must be expected
            to end in death. His/Her impairment must be so severe as to prevent him/her from working
            not only in his/her usual occupation but in any other substantial gainful work considering
            his/her age, education, remaining functional capacity, training, and work experience.
            In addition, the disability must exist at a time when the earnings requirement is
            met.
         
         To meet the earnings requirement, a person disabled   (1)   or (2) or (3). 
         Your/M       's social security record shows that you/he/she last met this earnings requirement
            on        . To qualify for disability benefits, your/his/her disability must have begun on
            or before this date. A medical condition which may have occurred or become disabling
            after the earnings requirement is last met cannot qualify a person for disability
            benefits.5
         (1) before age 24 must have credit for at least 6 calendar quarters (1 1/2 years)
            of work under social security during the 3 year period ending with a quarter in which
            the disability begins.
         
         (2) at ages 24 through 30 must have credit for work under social security in at least
            one-half of the calendar quarters beginning with the quarter after age 21 and ending
            with the quarter in which the disability begins.
         
         (3) at age 31 or later must meet two covered work requirements:
         
            
            - 
               (a)
            
- 
               he/she needs 20 calendar quarters (5 years) of work under social security during the
                  10-year period ending with the quarter disability begins.
                
- 
               (b)
            
- 
               he/she also needs credit for 1 calendar quarter of work for each year after 1950 (or
                  after reaching age 21, if that is later) up to the year disability begins.
                
In the second instance, the credits may have been earned at any time.
          
         1152.1—DWB—DISABILITY REQUIREMENTS
         1152.1A—To meet the disability requirements of the law, a widow/widower/ surviving
            divorced spouse must have a medical condition so severe as to prevent him/her from
            doing any gainful activity. This condition must last or be expected to last a continuous
            period of at least 12 months or must be expected to end in death.
         
         1152.1B—To meet the disability requirements of the law, a widow/widower/ surviving
            divorced spouse must have a medical condition so severe as to prevent him/her doing
            any gainful activity.
         
         This condition must last or be expected to last for a continuous period of at least
            12 months, or must be expected to end in death. (Use one of the optional statements.)
         
          
         Option 1
         In addition, the condition must have started no later than 7 years after the death
            of your/M       's husband/wife. In your/M        's case this requirement will be met until/was last met on    (date).
          
         or
          
         Option 2
         In addition, the condition must have started no later than 7 years after you/ M       last received mother's/father's benefits In your/her case this requirement will be
            met until/was last met on   (date).
          
         or
         Option 3
         In addition, the condition must have started no later than 7 years after you/ M       last received disabled widow's/widower's benefits. In your /his/her case this requirement
            will be met until/was last met on    (date).
         A medical condition which becomes disabling after the 7-year period cannot qualify
            a person for disabled widow's or widower's benefits.5
         1152.2—DWB—DISABILITY AND SPECIFIED 7-YEAR REQUIREMENTS—GENERAL
         A widow/widower/surviving divorced spouse may be considered disabled only if he or
            she has a physical or mental impairment that is so severe as to prevent a person from
            doing gainful activity. This disability must last or be expected to last for a continuous
            period of at least 12 months or must be expected to end in death.
         
         In addition, the disability must have started within a specified 7-year period. It
            must have started not later than 7 years after the month of death of the wife or husband;
            or, for a widow, widower or surviving divorced spouse formerly entitled to mother's
            of father's benefits, no later than 7 years after the month those benefits ended.
         
         For a widow, widower or surviving divorced spouse who was previously disabled and
            who becomes disabled again, not later than 7 years after the prior period of disability
            ended.
         
         The 7-year period in your/M       's case ended on   (date)  .
         
         A physical or medical impairment which may have become disabling after the latter
            of these dates cannot qualify a person for disabled widow's, widower's, or surviving
            divorced spouse's benefits5
          
         1152.3—DWB—SEVERE IMPAIRMENT ALLEGED TO HAVE EXISTED IN THE PAST BUT WHICH DOES NOT
            EXIST AT ANY TIME WITHIN THE SPECIFIED 7-YEAR PERIOD
         
         A medical condition which may have been disabling before but not during the specified
            period explained above cannot qualify a person for disabled widow's /widower's/surviving
            divorced spouse's benefits.
         
          
         1154—CHILDHOOD DISABILITY REQUIREMENTS
         To be considered disabled for social security purposes a child must be unable to do
            any substantial gainful work because of a medical condition which has lasted or can
            be expected to last for a continuous period of at least 12 months or can be expected
            to end in death. His/Her impairment must be severe enough to prevent him/her from
            doing any substantial gainful work considering his/her previous training and work
            experience. The child's disability must have been before age 22.
         
          
         1155—WILLFUL FAILURE TO FOLLOW PRESCRIBED TREATMENT
         If a person refuses to follow prescribed treatment without good cause that could restore
            his/her ability to work, he/she may not become entitled to disability benefits.
         
          
         1156—DIB—EXPLANATION OF CONTINUING ELIGIBILITY
         To be considered disabled for social security purposes a person must be unable to
            do any substantial gainful work because of a medical condition which has lasted or
            can be expected to last for a continuous period of at least 12 months or can be expected
            to end in death. His/Her impairment must be so severe as to keep him/her from working
            not only in his/her usual occupation but in any other substantial gainful work considering
            his/her previous training and work experience. For a person to remain entitled to
            a period of disability or disability benefits, he/she must show that his/her disabling
            condition continues to be severe enough to prevent him/her from doing substantial
            gainful work.
         
          
         1157—DIB-CDB CESSATION—NOT DISABLED
         To be considered disabled for social security purposes, a person's medical condition
            must be so severe as to prevent him/her from engaging not only in his/her usual occupation
            but also in any other kind of substantial gainful work, considering his/her remaining
            functional capacity, age, education, training, and work experience. Disability benefits
            end when a person is not disabled within the meaning of the law. The law provides,
            however, that benefits may be continued for 2 months after the month in which the
            person's condition does not meet the disability requirement.
         
          
         1157.1—DWB CESSATION—NOT DISABLED
         A widow/widower/surviving divorced spouse may be considered disabled for social security
            purposes only if he or she has a medical condition that is so severe that it would
            prevent him/her from doing any gainful activity. Disability benefits end when a person
            is not disabled within the meaning of the law. The law provides, however, that benefits
            may be continued for 2 months after the month in which the person's condition does
            not meet the disability requirement.
         
          
         1158—DIB-CDB CESSATION—WORK ACTIVITY—TRIAL WORK PERIOD
         To be considered disabled for social security purposes, a person must have a medical
            condition so severe as to prevent him/her from engaging not only in his/her usual
            occupation but also in any other kind of substantial gainful work, considering his/her
            age, education, training, and work experience. Disability benefits end when a person
            is not disabled within the meaning of the law. If a person works while still under
            a disability, the law provides that benefit payments may continue during 9 months
            of trial work. Then, if it is determined after the 9 months that he/she has demonstrated
            his/her ability to do substantial gainful work and therefore is not disabled according
            to the social security law, his/her benefits are paid for 3 more months.
         
          
         1158.1—DWB CESSATION—WORK ACTIVITY TRIAL WORK PERIOD
         A widow/widower/surviving divorced spouse may be considered disabled for social security
            purposes only if he or she has a medical condition that is so severe that it would
            prevent him/her from doing any gainful activity. Disability benefits end when a person
            is not disabled within the meaning of the law. If a person works while still under
            a disability, the law provides that benefit payments may continue during 9 months
            of trial work. Then if it is determined after 9 months that he/she has demonstrated
            his/her ability to do gainful work and therefore is not disabled according to the
            social security law, his/her benefits are paid for three more months.
         
          
         1159—DIB-DWB-CDB CESSATION—NOT DISABLED VS. WORK ACTIVITY CESSATION
         The law provides for ending a period of disability if medical evidence shows that
            a person can do substantial gainful work or if he/she has demonstrated his/her ability
            to do such work. When a person has a severe impairment and returns to work, he/she
            is allowed a trial work period of 9 months in which to demonstrate that he/she can
            sustain the work activity. If ability to engage in substantial gainful work is demonstrated,
            disability ceases.
         
         The trial work period may not continue beyond the time it is established that the
            individual is able to return to work. Benefits are continued for 2 months following
            the month in which it is determined that the individual was not disabled.
         
          
         1160—VARIATIONS ON LAW PARAGRAPHS
         1160A—Whether or not an impairment in a particular case constitutes a disability is
            determined from all the facts of that case. Primary consideration is given to the
            effect of an impairment upon an individual's ability to work, as demonstrated by clinical
            and laboratory findings. Due weight is also given to a person's age, education, and
            work experience.
         
         (May be used in conjunction with regular law paragraph when unusual emphasis is placed
            on severity of a person's condition, and/or statements may be made that we have not
            considered all the evidence.)
         
         1160B—Whether or not an impairment in a particular case constitutes a disability is
            determined from all the facts of that case. Primary consideration is not given to
            diagnoses. The primary consideration is the effect of an impairment upon an individual's
            ability to work, as this is demonstrated by clinical and laboratory findings. Due
            weight is also given to a person's age, education, and work experience.
         
         (May be used in conjunction with law paragraph when unusual emphasis is placed on
            a specific diagnosis, e.g., arthritis, as being disabling.)
         
         1160C—Sequential Evaluation Process
         Whether or not an impairment in a particular case is disabling is determined from
            all the facts of the case. However, primary consideration is given to the severity
            of the impairment as demonstrated by clinical and laboratory findings. In fact, medical
            considerations alone may determine the issue of disability. When a claimant's disability
            cannot be determined on medical grounds alone and his/her impairment or impairments
            prevent him/her from working at his/her regular occupation, his/her age, education,
            and work experience are considered in deciding whether he/she is able to do other
            kinds of substantial work.
         
         For example, a marginally educated person who has worked for 35 to 40 years at arduous
            unskilled labor and can no longer do so may be found to be disabled. Where these specific
            criteria are not met, whether the person can perform his /her regular or some other
            type of work is evaluated.
         
         Under the latter type of criteria, a person must be unable to do his/her previous
            work and also, considering his/her age, remaining functional capacity, education and
            work experience, unable to do any other kind of work which exists in the national
            economy. If he/she can do any work which exists in the national economy he/she cannot
            meet these criteria. This is so regardless of whether such work exists in the immediate
            vicinity where he/ she lives, or whether a specific job vacancy exists for him/her
            or whether he /she would be hired if he/she applied for such work.
         
          
         1161—MEDICALLY DETERMINABLE, DEFINITION OF
         The social security law specifies that the impairment must be demonstrable by medically
            acceptable clinical and laboratory diagnostic techniques. Regulations implementing
            the law require that the medical evidence (signs, symptoms and laboratory findings)
            be sufficient to enable a reviewing physician to arrive at an independent evaluation
            as to the nature and limiting effects of the person's impairment, his/her ability
            to engage in physical and mental activities, and the probable duration of the impairment.
         
          
         1162—SGA, DEFINITION OF
         1162A—SGA Earnings Levels for Nonblind
         Substantial gainful activity is any work generally done for pay or profit that involves
            significant duties. (Work may be considered substantial even if performed part-time
            and even if it pays less or is less demanding than the individual's former work.)
            In evaluating a person's work activity, we consider the duties of the job, the skill
            and experience they require and the amount of earnings. (That current work might pay
            less, be different, and be less complex than what he/she did before the disability
            began does not necessary mean that he/she would be found eligible for disability benefits.)
            We ordinarily consider that a person who has earnings averaging more than $300 a month,
            after deducting disability-related work expenses, is doing substantial gainful work.
            (Use sentences in parentheses when appropriate.)
         
         1162B—SGA Earnings Levels, Minus Subsidy—For Nonblind
         A disability claimant is not entitled to benefits if he/she is able to do substantial
            gainful work. Whether a person has shown such ability depends on the work the person
            does in terms of the amount of earnings, skills, responsibility, productivity, hours
            and duration involved. Earnings averaging more than $300 a month, after disability-related
            work expenses are deducted, would ordinarily be considered substantial gainful work.
            However, if his/her pay includes a “subsidy” which reduces the amount of his/her true earnings for the work, only his/her true
            earnings would be considered. A subsidy would exist, for example, when an employer-because
            of special consideration for a handicapped person-pays the employee more than the
            reasonable value of his/her services. This often occurs when a person works in a “protected” or “sheltered” type of employment.
         
         1162C—SGA Earnings Levels, Employees and Self-Employed
         Generally, work which results in substantial earnings would show ability to engage
            in substantial gainful work. However, regardless of the amount of earnings, where
            the work is discontinued after a short time because of the person's impairment it
            would not be considered substantial.
         
          
         and
          
         Option 1
         (a) Earnings average more than $300 a month after deducting disability-related work
            expenses, ordinarily would show ability to do substantial gainful work. Generally
            earnings averaging less than $190 a month are not considered substantial.
         
         Earnings average between $190 and $300 a month are not ordinarily consider substantial
            unless the work is about the same, in amount and quality, as that of other workers
            in the community who do such work for a living. If the work is the same in amount
            and quality as that of other workers in the area who do such work for a living, the
            individual is considered to be doing substantial gainful work.
         
          
         or
          
         (b) In determining the ability of a self-employed person to perform substantial gainful
            work, earnings may not be as important as the extent of his /her activities in the
            business and his/her supervisory, managerial or advisory services. Earnings or losses
            from the business may be due to factors other than work activities. For example, a
            person's work may be considered substantial even if his/her business operates at a
            loss or earns only a small profit. Generally, a self-employed person's work is considered
            substantial and gainful if it is reasonably worth over $300 a month to the business
            or, in terms of total hours, duties and responsibilities, is comparable to that of
            others in the area who are in similar businesses.
         
         and (where applicable)
          
         Option 2
         If a person works under special conditions, for example in a sheltered workshop or
            comparable facility, only earnings based on his/her own productivity (as distinguished
            from a subsidy based on his/her financial needs or other nonwork factors) are considered.
            The fact that the “sheltered” institution operates at a deficit and receives charitable contributions or governmental
            aid does not necessarily mean that a particular employee is not earning his/her salary.
            However, earnings of $300 a month or less in a sheltered workshop will ordinarily
            not demonstrate ability to engage in substantial gainful work.
         
          
         1163—FIVE-MONTH WAITING PERIOD
         1163A—If you/M       became disabled on        , you/ he/she would not be entitled to disability benefits for any month earlier
            than        , the sixth full month of disability. The law provides for a 5 calendar month waiting
            period before disability payments can begin.
         
         1163B—To be entitled to disability benefits a person must be disabled throughout the
            5-calendar month waiting period. Thus, it is often necessary to get medical evidence
            near the end of the waiting period to decide whether this requirement has been met.
         
         1163C—A claim for disability benefits may be filed at any time after disability begins
            and can often be processed before the waiting period expires. We do not ordinarily
            defer action on the claim until the end of the waiting period. In fact, we encourage
            early filing, and many people who file during the waiting period get their first check
            the third day of the month following the first month of entitlement.
         
          
         1164—EXTENDED PERIOD OF ELIGIBILITY
         If a person who still meets the disability requirement becomes unable to work again
            within 15 months after 9 months of trial work, the monthly benefits can be started
            again in most cases. A new application is not needed.
         
          
         1170—INABILITY TO ENGAGE IN SGA NOT ESTABLISHED—DIB or CDB CLAIMANT CONFINED TO HOSPITAL,
            INSTITUTION, ETC.
         
         The fact that a person is confined in a hospital/institution/        does not, in itself, establish that he/she is disabled as defined by the social security
            law. To be considered disabled for social security purposes, a person must be unable
            to work because of a medical condition which has lasted or can be expected to last
            for a continuous period of at least 12 months or can be expected to end in death,
            in making a disability determination consideration is given to the individual's remaining
            functional capacity, age, education, training, and work experience as well as to the
            severity of his/her impairment. Disability is established when the evidence based
            on all of these factors shows that the individual is unable to perform substantial
            gainful work. Even though a person is confined to a hospital/ institution/       the evidence must still establish that it is his /her medical condition and not his/her
            confinement that is preventing him /her from engaging in substantial gainful work