Public Law
99-643 (Employment Opportunities for Disabled Americans Act) amended Sections 1619(a) and
1619(b) of the Social Security Act. The law provides that disability benefits for
Title XVI recipients will not cease due to performance of substantial gainful activity
(SGA). The law eliminated SGA as a basis for cessation, the trial work period (TWP),
and extended period of eligibility (EPE) provisions for Title XVI recipients.
Title XVI disability recipients who work will continue to remain eligible for disability
when earnings exceed SGA amounts, see SI 02302.200 (unless earnings exceed the State or individual threshold amounts). The law also
provides that we must conduct a CDR at certain times to verify continuing disability
or blindness eligibility.
The field office (FO) is responsible for determining whether there is a need of a
CDR after reviewing the record for a Section 1619 status.
We still require SGA determinations on initial Title XVI claims.