DI 11050.001 Use of Railroad (RR) Compensation in Disability Cases
A. RR Compensation under the Social Security Act
RR compensation may be considered wages under the Social Security Act for Disability Insurance Benefits (DIB) and/or freeze purposes based on the number of RR service months. For information about complete and partial insured status for RRB benefits (see Freeze Insured Status Requirements - RS 00301.130 through RS 00301.132, and Insured Status Under the Railroad Retirement Act - RS 01601.110).
B. Determining RR Worker Status
In determining if the number holder (NH) is a career RR worker:
Count months of RR service
Count any months of military service (MS) creditable under the Railroad Retirement Act (RRA) (Refer to RS 01601.400 through RS 01601.430 to determine when MS can be used by the RRB).
CAUTION: Be alert to situations where RR worker had both RR work and MS in same time period. Under the 2001 Amendments to the RRA, if the NH has RR service after December 31, 1995, all or part of the 60 month RR requirement may be creditable MS.
If the NH has less than 120 months (and less than 60 months after December 31, 1995) of RR and creditable military service at time of adjudication, RR compensation after 1936 may be used to meet the disability insured status requirement for both DIB and for a period of disability freeze.
If the NH has at least 120 months (or at least 60 months after December 31, 1995) of RR and creditable military service at time of adjudication, RR compensation after 1936 may be used to meet the disability insured status requirement for the disability freeze only.