Determine whether the claimant may have engaged in SGA after the prior EOD.
If work activity after the prior EOD meets the “clearly not SGA” criteria, annotate
the alleged monthly earnings and the remarks “clearly not SGA” on a Report of Contact
in the applicable claims processing system. For defining “clearly not SGA,” see DI 10501.025A.
REMINDER: If the work after the prior EOD is not SGA, and the other criteria in DI 11011.001A in this section are met, collateral estoppel applies.
If the work after the prior EOD is SGA:
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Document the work activity using the SSA-821-BK (Work Activity Report—Employee) or
SSA-820-BK (Work Activity Report—Self Employment).
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Document the SGA and potential onset date (POD) determination on the SSA-823 (Report
of SGA Determination). In making the SGA determination, consider whether work which
lasted 6 months or less meets unsuccessful work attempt (UWA) criteria. For evaluating
duration and conditions of work that may constitute a UWA, see DI 11010.145E.
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If a period of SGA precludes collateral estoppel but does not preclude a POD in the
new claim, enter the POD on the SSA-3367 (Disability Report–Field Office) before sending
the claim to the DDS.
NOTE: If SGA or other nonmedical factors in the new claim prevent the FO from establishing
the POD, the FO must technically deny the new claim.
IMPORTANT: A UWA is not a measure of SGA and will not preclude collateral estoppel. When collateral
estoppel applies, the FO is responsible for making applicable UWA determinations in
the new claim.