TN 10 (10-94)

RM 03870.060 Accepting Statement Disclaiming Earnings

A. Policy

An individual's signed statement disclaiming wages or SEI is required (follow procedure in RM 03870.055B.a.). A statement against one's own interest is of high probative value and usually need not be substantiated by additional evidence.

A statement is acceptable only to remove earnings, not to add earnings.

B. Procedure

1. When to accept statement

Absent any obvious advantage to the individual, accept the signed statement disclaiming wages and any evidence the individual may submit with the request.

2. When not to accept a statement

Be aware of circumstances when it may be to an individual's advantage to disclaim earnings. If it appears to the individual's advantage to have the earnings removed, do not accept the statement or remove the earnings based on the statement without complete investigation of the situation involved.

C. Examples

Some examples of situations when it may be to the NH's advantage to have earnings removed are, but not limited to,:

  • Audit or enforcement actions concerning the individual's eligibility for, or payments from, welfare assistance, unemployment compensation, Veterans Administration benefits, etc., would be adversely affected by additional earnings.

  • Individual's whose tax liability with IRS is being investigated based upon possible unreported earnings.

NOTE: Accept a current disclaimer statement if IRS has made a decision or determination concerning earnings which do not belong to the NH.

  • Individuals whose benefits would be reduced, withheld, terminated, or suspended if SSA's enforcement program identifies additional earnings for them.

  • Individuals whose eligibility for state unemployment or disability benefits would be adversely affected by additional earnings.

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RM 03870.060 - Accepting Statement Disclaiming Earnings - 01/29/2015
Batch run: 04/22/2015