FO employees use the UWA policy in initial Title II and Title XVI disability cases
to assist DDS with establishing the onset of disability date. FO employees use the
UWA policy in Title II continuing disability cases to determine whether the disability
continues or ceases because of work activity.
The UWA policy does not apply when determining whether benefits are payable during
the re-entitlement period of the Extended Period of Eligibility (EPE) after there
is a cessation determination due to SGA. The EPE re-entitlement period begins with
the month immediately following completion of the Trial Work Period (TWP) and ends
36 months later (unless a rolling EPE applies). The UWA does not apply to the TWP.
However, when considering a work effort as a potential UWA, always evaluate the entire
period of work before determining if it meets the UWA criteria, even when some of
the months fall within the TWP.
NOTE: Do not apply UWA policy to work occurring in the Initial Reinstatement Period (IRP)
in Expedited Reinstatement (EXR) cases. For more information about the IRP, see DI 13050.066.
Examples of evaluating a period of work with SGA in the TWP:
The beneficiary begins work at the SGA level in the sixth TWP month. The work effort
continues at the SGA level for 7 months, and ends in the third month of the EPE. Even
though there are only 3 months of SGA after the TWP, we cannot consider the work as
a UWA because the entire work effort exceeds 6 months.
The beneficiary begins work at the SGA level in the ninth TWP month and ends in the
third month of the EPE. Because the period of SGA lasted only 4 months, you may evaluate
and determine that the three months that fall in the EPE are a UWA.