TN 6 (03-04)
DI 10520.015 When to Develop IRWE
A. Procedure in Title II Cases
1. Initial Claims
A claimant initially filing for title II benefits who is working may benefit by a deduction of IRWE from earnings in a determination of SGA.
When reported earnings are already below the SGA level, no development of IRWE is necessary.
When reported earnings are at or above the SGA level, determine first whether the deduction of alleged IRWE would reduce earnings below the SGA level.
If alleged IRWE do not reduce earnings below the SGA level, no further development is necessary.
If alleged IRWE do reduce earnings below the SGA level, verify and document according to DI 10520.020 and DI 10520.025.
2. Continuing Disability Review (CDR) Cases
The guides for evaluating IRWE and applying such expenses in title II determinations of SGA are applicable to title II CDR case processing as well as initial and reconsideration case processing.
a. During TWP
IRWE are not applicable during the TWP, therefore development is not necessary.
b. After TWP
Ascertain whether there are any IRWE during, as well as after, the TWP in determining if cessation after the TWP due to SGA is warranted. Also determine issues of subsequent reinstatement and suspension (DI 13010.210). The instructions outlined in subsection A.1., above, should be followed.
c. No Entitlement to TWP
The instructions outlined in subsection A.1., above, should be followed.
B. Procedure In Title XVI Cases
1. Initial Claims
A claimant initially filing for title XVI payments on the basis of disability (but not blindness) who is working may benefit by a deduction of IRWE from earnings in a determination of SGA. For blind work expenses see SI 00820.535.
a. Effective December 1, 1990
Develop and verify the IRWE if:
b. Prior to December 1, 1990
A person with a disability needs to establish initial eligibility by meeting the SSI income test before the IRWE can be considered. See SI 00820.540.
2. Continuing Disability Reviews (CDR) and Redeterminations
IRWE development is necessary in all cases when earned income is over the $65 per month earned income exclusion (or up to $85 per month if the $20 general exclusion has not been used up on unearned income) to determine if the SSI payment amount might be affected. IRWE should be developed and verified for exclusion from earnings in determining countable earned income and the SSI payment amount.
C. Procedure in Concurrent Title II and Title XVI
In concurrent cases, each title should be processed according to the instructions in DI 10520.015A and DI 10520.015B above.