TN 10 (02-92)

RS 02505.040 Treatment of SWP When Beneficiary Returns to Active Work for Same Employer

PROCEDURE

1. Reopen Initial Determination

Consider the ERS to be uninterrupted and reopen the initial determination as to when the SWP received during a nonwork period was earned, if:

  • The beneficiary returns to active work for the same employer; and

  • There has been no interruption of wage payments during the absence from work.

2. Do Not Reopen Initial Determination

As an exception, do not reopen if:

  • Reopening is precluded by the rules of administrative finality in GN 04010.001 ff.;

  • The return to work activity follows a layoff due to seasonal shutdown, reduction in force, stoppage or decrease in operations due to economic factors, or full employment for a different employer during the course of a strike.

In determining whether payment continued after the beneficiary stopped working, prorate a lump-sum payment, e.g., unused annual or sick leave, that was made at that time, over the weeks thereafter in which it normally might have been paid, had the beneficiary continued to work.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302505040
RS 02505.040 - Treatment of SWP When Beneficiary Returns to Active Work for Same Employer - 06/03/2004
Batch run: 01/27/2009
Rev:06/03/2004