Work issues in a new disability claim are resolved first, under current procedures
(DI 24001.001), without reference to the prior disability entitlement (i.e., if a claimant is currently
engaging in SGA, the claim may be denied on that basis). Whether or not a claimant
is currently receiving benefits (i.e., in current payment status) is not material
in the evaluation of the work activity.
EXAMPLE : If a new application is filed for title II DIB by an individual engaging in SGA,
the individual must not have engaged in SGA for a 12-month period prior to the beginning
of the current SGA. If the 12-month duration requirement is not met, there is no possibility
of either an open or closed period of disability for the new application regardless
of whether or not the claimant continues to receive benefits under title XVI (or title
II) (DI 13010.105).