TN 49 (08-08)
DI 11010.160 Receiving a Work Report after a Claim is Transferred to Disability Determination Services (DDS), Office of Disability Operations (ODO), or Processing Center (PC)
A. Procedure -- Title II and Concurrent Claim Sent to DDS
If notice of work activity by the claimant is received in the Field Office (FO) after the case has been sent to the DDS:
Notify the DDS by telephone, or electronically through messages in eView that the claimant is working ; and
Obtain an SSA-821 (Work Activity Report – Employee) or SSA-820 (Work Activity Report-Employee or Work Activity Report-Self Employed) per Processing Return to Work Reports - DI 11010.150 and Documenting Employment Cases - DI 10505.035 for completion instructions for SSA-821. For SSA-820 see Documenting Self-Employment Cases - DI 10510.025. Process the work activity report through eForms in EDCS. See Using Form Attestation for Work Activity Reports - DI 81010.120 for instructions on using form attestation for work activity reports for claims that have been entered into Electronic Disability Collect System (EDCS).
If evidence confirms that the claimant is engaging in Substantial Gainful Activity (SGA), and there is no allegation of a visual impairment, and no possibility that the claimant was disabled for at least 12 months, see Responsibilities and Procedures - Work Issue Cases DI 10501.025, then:
Request the folder from the DDS by telephone (the DDS returns the folder unless it can readily make a medical-vocational denial). If the Field Office (FO) entered the claim into EDCS, add a Message in eView per Alerts Flags and Messages in the Electronic Disability Collect System (EDCS) - (DI 81010.080C).
Prepare the SGA determination on the SSA-823. For CEF cases see Processing Field Office (FO) Determinations - DI 81010.140D.
If evidence confirms that the claimant is not engaging in SGA, then:
State the facts and conclusions in the appropriate items in the SSA-823, while the work development is recorded on SSA-820 or SSA-821,
For claims that the FO entered into EDCS notify the DDS that the claimant is not engaging in SGA through an electronic message in eView and ensure the SSA-823, SSA-821 or SSA-820 is sent to the CEF. For non-CEF claims that have been entered into EDCS (the official folder is paper), forward the SSA-821 or SSA-820 to the DDS.
If evidence confirms that the claimant is engaging in SGA, but there is a possibility of establishing disability because the claimant did not engage in SGA during the 12-month period before the date current work activity began see Responsibilities and Procedures - Work Issue Cases - DI 10501.025:
Use eForms or paper and state the facts and conclusions in the appropriate items in the SSA-821 or SSA-820;
Notify the DDS by electronic message in eView if the claim has been entered into EDCS of the possible closed period of disability (or of the possible open period of disability and Trial Work Period (TWP), where appropriate).
If the claim is a CEF exclusion (i.e. official folder is paper):
B. Procedure -- Title II claim forwarded to ODO or PC
If the Title II claim has been adjudicated, follow procedures in The Trial Work Period - DI 13010.035 through DI 13010.060 for determination of a possible trial work period. If work activity represents SGA and occurs within one year of onset, follow procedures in Return to Work Within a Year of Onset (Title II) - DI 13010.105 to determine if a reopening to denial is necessary.