For the purposes of the exemption of work activity provision, a beneficiary will be
considered to have received title II disability cash benefits for 24 months beginning
with the first day of the first month following the 24th month for which he/she received title II disability benefits that he/she was due.
The 24 months do not have to be consecutive. For EXR cases, the 24-month requirement
will have been met when the individual completes the 24-month initial reinstatement
Any months for which the beneficiary was entitled to title II disability benefits
but did not actually receive a title II disability cash benefit will not be counted
for the 24-month requirement. For example prisoner suspense, MQGE’s, an individual
in full workers compensation offset, a CDB technically entitled to a DMAX, and a SSI
only recipient. However, if the reason the beneficiary did not receive a benefit was
because the full payment was withheld to recover an overpayment, to pay attorney fees,
or for a garnishment order, consider the benefit received for the purpose of the exemption
of work activity provision.
Joe has been entitled to title II disability cash benefits since December of 2003
(5-month waiting period –July 2003 through November 2003). In January of 2007, the
adjudicator learns that Joe was self-employed since January of 2006. After evaluating
the work activity, it is determined that Joe completed his TWP September 2006, and
October of 2006 is the first month that needs to be evaluated for SGA purposes. The
adjudicator looks at the record and finds that Joe has been entitled and received
title II disability benefits for more then 24-months in October of 2006 and therefore
the countable income test will be applied.