TN 10 (07-90)

GN 02250.038 Return to or Increase in Work - Disability Case — Waiver


1. When Without Fault Can Be Found

Evidence must show that the beneficiary did not withhold any material information about work.

2. Allegation of Filing Work Report

Evidence must show that a report was made. See GN 02250.010 if there is no record of the alleged report. Without fault usually cannot be established for months before a report of work activity is made. Without fault can be found for months after a report is filed if the person could reasonably have believed that the reported work was taken into consideration (See GN 02250.042).

3. Trial Work Period Involved

When a disabled person reports a return to work, he/she is often notified that a trial work period (TWP) is due and that checks will continue for some time. If an overpayment is later determined for any of the TWP, he/she will usually be without fault for accepting checks in the TWP.

4. Work Increases to SGA

The disabled person may report a return to work that is not SGA. He/she is told that the work is not SGA and will not change his/her benefit. If the person continues to work at the same job and under the same conditions, he/she will usually be without fault in causing any overpayment if the overpayment results from a gradual increase in salary roughly equal to the rate of inflation.

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GN 02250.038 - Return to or Increase in Work - Disability Case — Waiver - 05/09/1996
Batch run: 10/04/2005