Primary responsibility for development of a claimant's work activity and the decision as to whether the work is substantial gainful activity (SGA) lies with the field office (FO). However, the DDS can make an SGA determination when the work activity is “clearly not SGA.” See DI 10501.025 for more information on “clearly not SGA” policy and procedures.

The DDS also has certain responsibilities. These include:

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  recognizing evidence of work activity not developed by the FO, that may be pertinent to the disability determination, including unresolved questions and discrepancies on Forms SSA-3368-BK, SSA-3369, and within the medical evidence.

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  determining whether a period of work was an unsuccessful work attempt (UWA), except in continuing disability review (CDR) cases with no medical issues. Refer to DI 24005.001 for an explanation of UWA’s;

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  determining an onset date if a beneficiary returns to SGA within 12 months of the EOD see DI 13010.105; and

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  considering the possible effect of a period of work on the onset date see DI 13010.105;

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  determining if the skills and abilities involved in SGA performed by a Title II statutory blind claimant age 55 or older are comparable with those required in the person's previous work;

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  providing the comparability decision and developing any additional necessary evidence. The DDS may request FO assistance if needed. If contact with an employer is needed, the DDS should call the FO concerning the claimant's consent for such contact if it is not in file. (Refer to DI 26005.001D for discussion of comparability provisions).

In all cases with work issues, the FO completes form SSA-821-BK (Work Activity Report - Employee) or form SSA-820-BK (Work Activity Report - Self Employment) to develop the earnings and work activity, and all applicable work incentives to determine SGA per DI 10505.035 or DI 10510.025. The FO completes Form SSA-823 (Report of SGA Determination - For SSA Use Only) to document the SGA determination prior to sending the case to DDS.

If DDS directly receives a report that the claimant returned to work, determine if the work activity is “clearly not SGA”. If so, follow instructions in DI 10505.003B.1.b to develop and document the work activity and continue to process the case. Notify the FO with a message or report of contact to prevent duplicate work issue development, see DI 11055.045.

If DDS has sufficient information to permit a determination of denial on medical/vocational grounds, DDS will make the determination.

If DDS cannot make a determination on medical/vocational grounds and the work does not meet the criteria for “clearly not SGA”, the FO makes the SGA determination. The DDS will take the following actions:

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  Cease all development and send an electronic assistance request (AR) in eView to the FO requesting SGA development. For more information on AR processing see DI 81020.100C. Electronic Assistance Requests (AR), (C) Initiating an Electronic AR and DI 81020.127 for Processing “No Determination” (ND) Claims – When the FO returns the AR to the DDS indicating that a DDS determination is not necessary.

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  Annotate the case file to show the status of the medical and vocational development in the event you need to make a DDS determination, and

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  Cancel any scheduled consultative examinations (CE).

If the FO determines that the work activity does not alter the case jurisdiction, the FO will record the work information on Form SSA-823 (Report of SGA Determination).

For more information, see DI 10501.025C.

Title II beneficiaries and Title XVI non-blind individual who return to SGA within one year of the established onset of disability (EOD) may not meet the 12-month duration requirement for receiving disability benefits. If the claimant informs the FO that they are working, and either the FO or payment center (PC) obtains additional evidence indicating SGA, the FO or PC will take the following actions depending on whether the DDS has established an EOD.

The DDS must make a blindness determination in both Title II and Title XVI cases if the claimant alleges a visual impairment, and a period of a disability based on blindness is possible. The FO will send the case to DDS for a blindness determination, regardless of the SGA determination see DI 26005.001 and DI 26005.005.

The FO has jurisdiction of all Title II work issues, including the determination of a UWA in CDR cases. The FO develops and documents all work activity before forwarding the case to the DDS if the beneficiary is working, regardless of whether or not they are engaging in SGA see DI 24001.005..

The Office of International Operations (OIO) has jurisdiction and responsibility for work issues in foreign claims. If the DDS identifies a work issue on a case after the claim has been transmitted to international program service center (INTPSC), send the work report to INTPSC for processing.