TN 15 (11-02)
DI 13010.115 Previous Determination Sheltered Work Was Not SGA
Frequently, development following a reporting of sheltered earnings is not productive.
Either the earnings do not reach substantial gainful activity (SGA) levels or the
work is similar to that previously determined not to be substantial gainful activity
When an issue arises concerning the work a disability beneficiary performs in a sheltered
setting, a full scale continuing disability review (CDR) and formal substantial gainful
activity (SGA) determination may be unnecessary. To determine if some development
may be curtailed, summarize the information on a report of contact or a SSA-795 (if
the contact is made in person) and include the following information.
Work and the approximate duration of employment.
Information as to whether this work (or earnings) has been reported previously.
The amount of earnings for the year being reported on.
If the Field Office (FO) can determine from existing records (e.g., disability control
file (DCF) information and eWork files) related to previous determinations from the
same employer that the work is not SGA, no further development is needed. Document
the findings in the disability control file (DCF) with the rationale in the Remarks
area of the CDRW screen (see MSOM CDR 001.009 and 186-B and DI 13010.630 and DI 13010.675). Sheltered work is not substantial gainful activity (SGA) if any of the following
Current earnings are below the substantial gainful activity (SGA) level; or
The earnings equal or exceed the substantial gainful activity (SGA) level, but
There has been less than a 5% increase over the earnings most recently determined,
The earnings are not more than 10 percent above the substantial gainful activity (SGA)
level in effect at the time of the work activity, and
There is no indication that the employer or nature of the person's work is different
from that previously reported.
When the work activity is the only issue, annotate the SSA-5002/SSA-795 with the remark
“No action necessary (NAN)” and take action to associate the report (and any pertinent
development) with the folder. Summarize the findings on the IRMK screen. If there
is insufficient information to determine if the criteria are met, annotate the form,
and disability control file (DCF), to this effect and transfer the action to OCO/PSC-DPB
for their review. Complete any necessary development for the existence of impairment-related
work expenses (IRWE) before releasing the file. OCO/PSC-DPB will request additional
development if necessary.