Establish a 15-day diary on the development worksheet (DW01) in the Modernized Claims
System (MCS) or Modernized Supplemental Security Income Claims System (MSSICS). If
the claimant does not return the SSA-821-BK and there is enough information in the
file to make an SGA decision (including the date SGA stopped), document the SGA decision,
the date SGA stopped, and the claimant’s failure to submit the SSA-821-BK on the SSA-823
and in the EDCS 3367.
If there is not enough information in the file to make an SGA decision, follow the
procedures found in DI 10505.005.D. If you can make an SGA decision after following the procedures in POMS DI
Deny the claim if the claimant is still engaging in SGA.
If SGA has stopped, transfer the claim to DDS with a note in the SSA-823 documenting
your efforts to obtain cooperation. Document the date the claimant last performed
SGA on the SSA-823 and the potential onset data on the SSA-3367.
Once you have followed the steps in DI 10505.005.D. if you still do not have enough information to make an SGA determination, follow
the Failure to Submit Essential Evidence procedure found in GN 01010.410 for Title II claims and the instructions found in SI 00601.110 for Title XVI claims.
If the claimant does not respond, and no other evidence is available, send out a closeout
letter and deny the claim for insufficient evidence after the closeout period expires.