Effective Dates: 08/28/2025 - Present Previous | Next

TN 3 (08-25)

DI 39518.015 Avoiding Restrictions - Policy

CITATIONS:

Regulations 20 CFR 404.1621 and 416.1021

A. Policy Principle

Avoiding Restrictions

Subject to appropriate Federal funding, the State will facilitate the processing of disability claims by avoiding personnel freezes, restrictions against overtime work, or curtailment of facilities or activities.

NOTE: There may be occasions when circumstances require SSA to restrict the number of DDS workyears to a level below the numbers previously established in the budget process.

B. Operating Policy

1. Efficient Use of Overtime

  1. a. 

    Overtime (OT) may be necessary to provide the productive capacity to cope with variations and peaks in workload levels.

    EXAMPLE: Workloads may peak at intervals because of seasonal and other factors including possible legislative changes.

  2. b. 

    OT should be used only where it would be consistent with efficient economical administration.

  3. c. 

    Advanced NDD approval of OT is required if it is not provided for in the workyear plan.

  4. d. 

    OT is subject to sufficiently available funding authority.

2. Employees Authorized to Work OT

Payment for OT services may be made to employees of the disability unit such as disability examiners, stenographic and clerical personnel, medical consultants engaged in the disability determination function, and regular agency personnel engaged in case development.

3. Payment for OT

  1. a. 

    State agency rules and established State practices will be considered in the absence of specific State laws or State-wide regulations concerning the payment for OT services.

  2. b. 

    Funds advanced to State DDSs may be used for expenditures for OT services performed by DDS personnel under conditions (including rate of pay) authorized by State regulations.

4. Procedures and Controls

Necessary controls applicable to OT work must be maintained in State agencies.

EXAMPLE: Require controls that written authorization by the head of the agency or disability determination supervisor be filed in the agency with the records of OT services.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0439518015
DI 39518.015 - Avoiding Restrictions - Policy - 08/28/2025
Batch run: 08/28/2025
Rev:08/28/2025