Effective 09/21/2012, under the Randolph-Sheppard Act (and similar state programs),
we do not count the income that blind self-employed vendors receive under the Randolph-Shepard
Act (and similar state programs) from vending machines located on the same property,
but not serviced, operated, or maintained by the blind vendor, as self-employment
income for Substantial Gainful Activity (SGA) purposes because the:
-
•
income received is not a measure of the blind vendor’s own productivity, therefore,
it does not represent the actual value of the work activity, and
-
•
income is independent of the blind vendor’s own vending business; therefore, we cannot
attribute it to the blind vendor’s own work activity.
If the vending machine income meets the criteria in DI 10515.005D in this section, deduct the vending machine income from his or her net income, and
then apply the SGA earnings guidelines. For more information on significant services
and self-employment income, see DI 10510.001B.
Since the blind vendor does not pay rent for the government-leased space, you must
develop, document, and deduct any unincurred business expenses that rehabilitation
agencies pay for. For more information regarding unincurred business expenses, see
DI 10510.012B.3.
NOTE: Blind vendors are not required to complete a form that could assist in case development;
therefore, adjudicators rely on the blind vendor’s affirmation, tax records, and the
information from the SSA-820-BK (Work Activity Report-Self-Employment) to confirm
self-employment income. Continue to document all self-employed income (whether deducted or not), following normal guidelines in DI 10510.025 and DI 13010.025.
References:
-
•
DI 10501.015 Tables of SGA Earnings Guidelines and Effective Dates Based on Year of Work Activity
-
•
DI 10510.025 Documenting Self-Employment Cases Using the SSA-820-BK (Work Activity Report-Self-Employment)
and the SSA-823 (Report of SGA Determination- For SSA Use Only)
-
•
RS 01803.000 Net Earnings from Self-Employment – Table of Contents
-
•
Randolph-Sheppard Act U.S. Department of Education, Program Office: Rehabilitation Services Administration
(RSA)
-
•
The Government Printing Office (http://www.gpo.gov/) Federal Register Volume 77, Number 184 (Friday, September 21, 2012)
-
•
Social Security Ruling (SSR), 12–1p Title II: Determining Whether Work Performed in Self-Employment by Persons Who Are
Blind Is Substantial Gainful Activity and Treatment of Income Resulting From The Randolph-Sheppard
Act and Similar Programs