Social Security Ruling, SSR 05-02; Titles II and XVI: Determination of Substantial Gainful Activity if Substantial Work Activity Is Discontinued or Reduced-Unsuccessful Work Attempt, 9692-9694 [05-3828]
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9692
Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices
Primary Counties
Athens, Belmont, Clark, Coshocton,
Crawford, Delaware, Franklin, Henry
Jefferson, Logan, Morgan, Muskingum,
4.750
Pickaway, Pike, Ross, Scioto, Warren
and Washington
Percent
Other (including non-profit organizations) with credit available
elsewhere ....................................
Businesses and non-profit organizations without credit available
elsewhere ....................................
4.000
The number assigned to this disaster
for physical damage is 100256 and for
economic injury is 100260.
The States which received EIDL Decl
# are Michigan.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Dated: February 18, 2005.
Hector V. Barreto,
Administrator.
[FR Doc. 05–3818 Filed 2–25–05; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 10029 and # 10030]
Ohio Disaster # OH–00002 Disaster
Declaration
U.S. Small Business
Administration.
ACTION: Notice.
Contiguous Counties
Ohio
Adams, Auglaize, Butler, Carroll,
Champaign, Clermont, Clinton,
Columbiana, Defiance, Fairfield,
Fayette, Fulton, Greene, Guernsey,
Hamilton, Hancock, Hardin, Harrison,
Highland, Hocking, Holmes, Huron,
Jackson, Knox, Lawrence, Licking,
Lucas, Madison, Marion, Meigs, Miami,
Monroe, Montgomery, Morrow, Noble,
Perry, Putnam, Richland, Seneca,
Shelby, Tuscarawas, Union, Vinton,
Williams, Wood, and Wyandot.
Kentucky
Greenup and Lewis.
West Virginia
Brooke, Hancock, Marshall, Ohio,
Pleasants, Tyler, and Wood.
The Interest Rates are:
AGENCY:
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18:21 Feb 25, 2005
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Matthew K. Becker,
Committee Management Officer.
[FR Doc. 05–3820 Filed 2–25–05; 8:45 am]
BILLING CODE 8025–01–P
Percent
This is a Notice of the
Presidential declaration of a major
disaster for the State of Ohio (FEMA–
1580–DR), dated February 15, 2005.
Incident: Severe Winter Storms,
Flooding, and Mudslides.
Incident Period: December 22, 2004
through February 1, 2005.
DATES: Effective Date: February 15,
2005.
Physical Loan Application Deadline
Date: April 18, 2005.
EIDL Loan Application Deadline Date:
November 15, 2005.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Disaster Area Office 1,
360 Rainbow Blvd. South 3rd Floor,
Niagara Falls, NY 14303.
FOR FURTHER INFORMATION CONTACT:
Alan Escobar, Office of Disaster
Assistance, U.S. Small Business
Administration, 409 3rd Street, Suite
6050, Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
February 15, 2005, applications for
disaster loans may be filed at the
address listed above or other locally
announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
SUMMARY:
conjunction with the Association of
Small Business Development Centers.
The Spring Board meeting will be held
on Tuesday, March 1, 2005, until
Thursday, March 3, 2005, in
Washington, DC. The National Advisory
Board meeting will be held on
Thursday, March 3, 2005, from 11:30 am
to 3:30 pm. The meeting will take place
at the U.S. Small Business
Administration, 409 3rd Street SW.,
Administrator Conference Room, 7th
Floor, Washington, DC 20416. The
topics of discussion will include SBDC
assistance to small manufacturers,
online counseling pilot and program
marketing.
Anyone wishing to attend must
contact Dionna Martin in writing or by
fax. Dionna Martin, Senior Program
Manager, U.S. Small Business
Administration, Office of Small
Business Development Center, 409 3rd
Street, SW., Washington, DC 20416,
telephone: (202) 205–7042, fax: (202)
481–1671.
Homeowners with credit available
elsewhere ....................................
Homeowners without credit available elsewhere ............................
Businesses with credit available
elsewhere ....................................
Businesses and small agricultural
cooperatives without credit available elsewhere ............................
Other (Including Non-Profit Organizations) with credit available
elsewhere ....................................
Businesses and Non-Profit Organizations without credit available
elsewhere ....................................
5.875
SOCIAL SECURITY ADMINISTRATION
2.937
Social Security Ruling, SSR 05–02;
Titles II and XVI: Determination of
Substantial Gainful Activity if
Substantial Work Activity Is
Discontinued or Reduced—
Unsuccessful Work Attempt
5.800
4.000
4.000
The number assigned to this disaster
for physical damage is 100296 and for
economic injury is 100300.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Cheri L. Cannon,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. 05–3817 Filed 2–25–05; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
National Small Business Development
Center Advisory Board Public Meeting
The U.S. Small Business
Administration (SBA), Office of Small
Business Development Center (SBDC),
National Advisory Board will be hosting
their Spring Board meeting in
PO 00000
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Social Security Administration.
Notice of Social Security ruling.
AGENCY:
4.750
ACTION:
SUMMARY: In accordance with 20 CFR
402.35(b)(1), the Commissioner of Social
Security gives notice that Social
Security Ruling (SSR) 84–25 is being
superseded by this Ruling. This Ruling
states the policy for determining
whether substantial work activity that is
discontinued or reduced below a
specified level may be considered an
unsuccessful work attempt (UWA)
under the disability provisions of the
law.
EFFECTIVE DATE: February 28, 2005.
FOR FURTHER INFORMATION CONTACT: John
Nelson, Office of Program Development
and Research, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 966–5114.
SUPPLEMENTARY INFORMATION: Although
5 U.S.C. 552(a)(1) and (a)(2) do not
require us to publish this Social
Security Ruling, we are doing so in
accordance with 20 CFR 402.35(b)(1).
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Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices
Social Security Rulings make available
to the public precedential decisions
relating to the Federal old-age,
survivors, disability, supplemental
security income, and black lung benefits
programs. Social Security Rulings may
be based on case decisions made at all
administrative levels of adjudication,
Federal court decisions, Commissioner’s
decisions, opinions of the Office of the
General Counsel, and policy
interpretations of the law and
regulations.
Although Social Security Rulings do
not have the same force and effect as the
statute or regulations, they are binding
on all components of the Social Security
Administration, in accordance with 20
CFR 402.35(b)(1), and are to be relied
upon as precedents in adjudicating
cases.
If this Social Security Ruling is later
suspended, modified, or rescinded, we
will publish a notice in the Federal
Register to that effect.
(Catalog of Federal Domestic Assistance,
Programs 96.001 Social Security—Disability
Insurance; 96.006 Supplemental Security
Income)
Dated: February 22, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
Policy Interpretation Ruling
Purpose: To clarify the policy stated
in Social Security Ruling (SSR) 84–25
for determining whether substantial
work activity that is discontinued or
reduced below a specified level may be
considered an unsuccessful work
attempt (UWA) under the disability
provisions of the law.
Citations (Authority): Sections 216(i),
223(d), and 1614(a) of the Social
Security Act, as amended; Regulations
No. 4, subpart P, sections 404.1571–
404.1576; Regulations No. 16, subpart I,
sections 416.971–416.976.
Pertinent History: Under the disability
provisions of the law, except within the
trial work period (TWP) provisions and
section 1619 of the Social Security Act,
if you are engaging in substantial gainful
activity (SGA) you are not eligible for
payment of disability benefits. (See
Social Security Ruling (SSR) 83–33,
Program Policy Statement (PPS)–107,
Determining Whether Work Is
Substantial Gainful Activity—
Employees, regarding evaluation of
work activity of employees. See SSR 83–
34, PPS–108, Determining Whether
Work Is Substantial Gainful Activity—
Self-Employed Persons, regarding
evaluation of work activity of selfemployed persons.) The UWA concept
was designed to provide us an equitable
means, in making SGA determinations,
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Jkt 205001
to disregard relatively brief work
attempts that do not demonstrate
sustained SGA. We will not consider
work we determine to be an UWA as
substantial gainful activity when we
determine if you are under a disability
or when we determine if your disability
has ceased.
The UWA concept is contained in our
regulations. If you are an employee,
sections 404.1574(a)(1) and
416.974(a)(1) of the regulations state:
‘‘We generally consider work that you
are forced to stop or to reduce below the
substantial gainful activity level after a
short time because of your impairment
to be an unsuccessful work attempt.
Your earnings from an unsuccessful
work attempt will not show that you are
able to do substantial gainful activity.’’
See also 404.1574(c) and 416.974(c). If
you are self-employed, sections
404.1575(a) and 416.975(a) state: ‘‘We
will generally consider work that you
were forced to stop or reduce to below
substantial gainful activity after 6
months or less because of your
impairment as an unsuccessful work
attempt.’’ See also 404.1575(d) and
416.975(d).
SSR 84–25 indicated that the UWA
concept is applicable to both your initial
disability case and when we determine
whether, because of work activity, your
disability continues or ceases. Both SSR
84–25 and the regulations state that
there must be a significant break in the
continuity of your work before we will
consider you to have begun a work
attempt that later proved unsuccessful.
However, SSR 84–25 and the
regulations do not address how the
UWA significant break concept should
be applied in your initial disability case
when your prior work activity stopped
before onset of your impairment or
where you had no prior work activity.
This revised Ruling addresses these
issues under the section ‘‘Event That
Must Precede a UWA’’ and removes
outdated material from the
‘‘PERTINENT HISTORY’’ section of SSR
84–25.
Policy Statement: For SGA
determination purposes, your
substantial work may, under certain
conditions, be disregarded if it is
discontinued or reduced to the non-SGA
level after a short time because of your
impairment, or the removal of special
conditions related to your impairment
that were essential to your further
performance of the work. The UWA
criteria differ depending on whether
your work effort was for ‘‘3 months or
less’’ or for ‘‘between 3 and 6 months.’’
If your work attempt was
‘‘unsuccessful,’’ we will not be
precluded from finding that you are
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9693
under a disability during the time that
you performed that work.
When the UWA is Applicable: The
UWA policy explained in this SSR is to
be used in initial disability cases. It is
also to be used in continuing disability
cases in determining whether, because
of work activity, your disability
continues or ceases. However, the UWA
criteria do not apply in determining
whether payments should be made to
you for a particular month during the
reentitlement period after disability has
been ceased because you did SGA, or
during the initial reinstatement period
after you have been reinstated through
the expedited reinstatement provision.
Event That Must Precede a UWA:
There must be a significant break in the
continuity of your work before you can
be considered to have begun a work
attempt that later proved unsuccessful.
Such an interruption would occur
when, because of your impairment or
the removal of special conditions
related to your impairment that are
essential to your further performance of
the work, the work was discontinued or
reduced (or limited) to the non-SGA
level. Such an interruption could also
occur when, before the onset of your
impairment, you discontinued (or
limited) your work for other reasons,
such as retirement, or never engaged in
work activity. We will consider your
work to be ‘‘discontinued’’ if you (1)
were out of work for at least 30
consecutive days or (2) were forced to
change to another type of work or
another employer. (On rare occasions a
break lasting a few days less than 30
may satisfy this requirement if your
subsequent work episode was brief and
clearly not successful because of your
impairment.)
Event That Must Follow a UWA: After
the first significant break in continuity
of your work, your next period of work
is regarded as continuous until another
significant break occurs; that is, until
your impairment, or the removal of
special conditions related to your
impairment that are essential to your
further performance of work, causes
your work to be ‘‘discontinued’’, as
defined above, or to be reduced to the
non-SGA level. Each continuous period,
separated by significant breaks as
described, may be a UWA so long as
criteria as to duration and conditions of
work are met, as set out below.
Duration and Conditions of Work
1. Work Effort of 3 Months or Less:
Your work must have ended or have
been reduced to the non-SGA level
within 3 months due to your
impairment or to the removal of special
conditions related to your impairment
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9694
Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices
that are essential to your further
performance of work. (Examples of
‘‘special conditions’’ are given below.)
2. Work Effort of Between 3 and 6
Months: If your work lasted more than
3 months, it must have ended or have
been reduced to the non-SGA level
within 6 months due to your
impairment or to the removal of special
conditions (see below) related to your
impairment that are essential to your
further performance of work and:
a. You must have had frequent
absences from your work due to your
impairment; or
b. Your work must have been
unsatisfactory due to your impairment;
or
c. Your work must have been done
during a period of temporary remission
of your impairment; or
d. Your work must have been done
under special conditions.
(To illustrate how UWA time periods
are figured, work from November 5,
2003, through a date no later than
February 4, 2004, is for ‘‘3 months or
less.’’ Work from November 5, 2003,
through at least February 5, 2004, but
through a date no later than May 4,
2004, is for ‘‘between 3 and 6 months.’’)
3. Work Effort of Over 6 Months: Your
SGA-level work lasting more than 6
months cannot be an UWA regardless of
why it ended or was reduced to the nonSGA level.
4. Performance of Work Under Special
Conditions: One situation under which
your SGA-level work may have ended,
or may have been reduced to the nonSGA level, as set out above, is ‘‘the
removal of special conditions related to
your impairment that are essential to
your further performance of work.’’ That
is, you may have worked under
conditions especially arranged to
accommodate your impairment or you
may have worked through an unusual
job opportunity, such as in a sheltered
workshop. Special or unusual
conditions may be evidenced in many
ways. For example, you:
a. May have required and received
special assistance from other employees
in performing the job; or
b. Were allowed to work irregular
hours or take frequent rest periods; or
c. Were provided special equipment
or were assigned work especially suited
to your impairment; or
d. Were able to work only within a
framework of especially arranged
circumstances, such as where other
persons helped you prepare for or get to
and from work; or
e. Were permitted to perform at a
lower standard of productivity or
efficiency than other employees; or
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16:34 Feb 25, 2005
Jkt 205001
f. Were granted the opportunity to
work, despite your medical condition,
because of family relationship, past
association with the firm, or other
altruistic reason.
5. Development of Reasons for Work
Discontinuance or Reduction: When we
consider why your work effort ended or
was reduced to the non-SGA level, we
do not rely solely on information from
you. Therefore, if we do not already
have impartial supporting evidence, we
will seek confirmation from your
employer. If the information from your
employer is inconclusive or is not
available, we may seek confirmation of
the reason you discontinued or reduced
your work with a physician or other
medical source. After being apprised of
the circumstances, the physician or
other medical source could state
whether, in his or her opinion or
according to the records, your work
discontinuance or reduction was due to
your impairment.
Answers to questions such as the
following will help to verify the nature
and duration of your work and the
reason it ended or was reduced:
a. When and why was the SGA-level
work interrupted, reduced or stopped?
b. If special working conditions (as
described in the preceding section) were
removed, what were those conditions or
concessions? When, how and why were
they changed?
c. Were there frequent absences from
work? Were days and hours of work
irregular and, if so, why?
d. Was job performance unsatisfactory
because of the impairment?
e. Did the employer reduce your
duties, responsibilities or earnings
because of your impairment?
f. When your work effort ended, was
the continuity of employment broken?
Did the employer grant sick leave or
hold the position open for your return?
g. If you were self-employed, what has
happened to the business since the
discontinuance or reduction of your
work? If the business continued in
operation, who managed and worked in
it and what income will you receive
from it?
Effective Date: The policy explained
herein is effective as of the date of
publication of this SSR.
Cross-References: Program Operations
Manual System, Part 4, sections DI
11010.210–11010.220 and DI 24005.001.
Social Security Rulings 83–33 and 83–
34.
[FR Doc. 05–3828 Filed 2–25–05; 8:45 am]
BILLING CODE 4191–02–P
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DEPARTMENT OF STATE
[Public Notice 5005]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘Sneaky
Sea Predator: New Fossil Find From
China’’
Department of State.
Notice.
AGENCY:
ACTION:
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 [79 Stat. 985; 22 U.S.C.
2459], Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 [112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.], Delegation of Authority No. 234 of
October 1, 1999 [64 FR 56014],
Delegation of Authority No. 236 of
October 19, 1999 [64 FR 57920], as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the object to be
included in the exhibition, ‘‘Sneaky Sea
Predator: New Fossil Find from China,’’
imported from abroad for temporary
exhibition within the United States, is
of cultural significance. The object is
imported pursuant to a loan agreement
with the foreign lender. I also determine
that the exhibition or display of the
exhibit object at the Field Museum,
Chicago, Illinois, from on or about
March 18, 2005, to on or about May 30,
2005, and at possible additional venues
yet to be determined, is in the national
interest. Public Notice of these
determinations is ordered to be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Paul W.
Manning, Attorney-Adviser, Office of
the Legal Adviser, (202) 453–8052, and
the address is United States Department
of State, SA–44, Room 700, 301 4th
Street, SW., Washington, DC 20547–
0001.
Dated: February 18, 2005.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. 05–3802 Filed 2–25–05; 8:45 am]
BILLING CODE 4710–08–P
TENNESSEE VALLEY AUTHORITY
Meeting of the Regional Resource
Stewardship Council
Tennessee Valley Authority
(TVA).
ACTION: Notice of meeting.
AGENCY:
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Agencies
[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Notices]
[Pages 9692-9694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3828]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
Social Security Ruling, SSR 05-02; Titles II and XVI:
Determination of Substantial Gainful Activity if Substantial Work
Activity Is Discontinued or Reduced--Unsuccessful Work Attempt
AGENCY: Social Security Administration.
ACTION: Notice of Social Security ruling.
-----------------------------------------------------------------------
SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of
Social Security gives notice that Social Security Ruling (SSR) 84-25 is
being superseded by this Ruling. This Ruling states the policy for
determining whether substantial work activity that is discontinued or
reduced below a specified level may be considered an unsuccessful work
attempt (UWA) under the disability provisions of the law.
EFFECTIVE DATE: February 28, 2005.
FOR FURTHER INFORMATION CONTACT: John Nelson, Office of Program
Development and Research, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 966-5114.
SUPPLEMENTARY INFORMATION: Although 5 U.S.C. 552(a)(1) and (a)(2) do
not require us to publish this Social Security Ruling, we are doing so
in accordance with 20 CFR 402.35(b)(1).
[[Page 9693]]
Social Security Rulings make available to the public precedential
decisions relating to the Federal old-age, survivors, disability,
supplemental security income, and black lung benefits programs. Social
Security Rulings may be based on case decisions made at all
administrative levels of adjudication, Federal court decisions,
Commissioner's decisions, opinions of the Office of the General
Counsel, and policy interpretations of the law and regulations.
Although Social Security Rulings do not have the same force and
effect as the statute or regulations, they are binding on all
components of the Social Security Administration, in accordance with 20
CFR 402.35(b)(1), and are to be relied upon as precedents in
adjudicating cases.
If this Social Security Ruling is later suspended, modified, or
rescinded, we will publish a notice in the Federal Register to that
effect.
(Catalog of Federal Domestic Assistance, Programs 96.001 Social
Security--Disability Insurance; 96.006 Supplemental Security Income)
Dated: February 22, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
Policy Interpretation Ruling
Purpose: To clarify the policy stated in Social Security Ruling
(SSR) 84-25 for determining whether substantial work activity that is
discontinued or reduced below a specified level may be considered an
unsuccessful work attempt (UWA) under the disability provisions of the
law.
Citations (Authority): Sections 216(i), 223(d), and 1614(a) of the
Social Security Act, as amended; Regulations No. 4, subpart P, sections
404.1571-404.1576; Regulations No. 16, subpart I, sections 416.971-
416.976.
Pertinent History: Under the disability provisions of the law,
except within the trial work period (TWP) provisions and section 1619
of the Social Security Act, if you are engaging in substantial gainful
activity (SGA) you are not eligible for payment of disability benefits.
(See Social Security Ruling (SSR) 83-33, Program Policy Statement
(PPS)-107, Determining Whether Work Is Substantial Gainful Activity--
Employees, regarding evaluation of work activity of employees. See SSR
83-34, PPS-108, Determining Whether Work Is Substantial Gainful
Activity--Self-Employed Persons, regarding evaluation of work activity
of self-employed persons.) The UWA concept was designed to provide us
an equitable means, in making SGA determinations, to disregard
relatively brief work attempts that do not demonstrate sustained SGA.
We will not consider work we determine to be an UWA as substantial
gainful activity when we determine if you are under a disability or
when we determine if your disability has ceased.
The UWA concept is contained in our regulations. If you are an
employee, sections 404.1574(a)(1) and 416.974(a)(1) of the regulations
state: ``We generally consider work that you are forced to stop or to
reduce below the substantial gainful activity level after a short time
because of your impairment to be an unsuccessful work attempt. Your
earnings from an unsuccessful work attempt will not show that you are
able to do substantial gainful activity.'' See also 404.1574(c) and
416.974(c). If you are self-employed, sections 404.1575(a) and
416.975(a) state: ``We will generally consider work that you were
forced to stop or reduce to below substantial gainful activity after 6
months or less because of your impairment as an unsuccessful work
attempt.'' See also 404.1575(d) and 416.975(d).
SSR 84-25 indicated that the UWA concept is applicable to both your
initial disability case and when we determine whether, because of work
activity, your disability continues or ceases. Both SSR 84-25 and the
regulations state that there must be a significant break in the
continuity of your work before we will consider you to have begun a
work attempt that later proved unsuccessful. However, SSR 84-25 and the
regulations do not address how the UWA significant break concept should
be applied in your initial disability case when your prior work
activity stopped before onset of your impairment or where you had no
prior work activity. This revised Ruling addresses these issues under
the section ``Event That Must Precede a UWA'' and removes outdated
material from the ``PERTINENT HISTORY'' section of SSR 84-25.
Policy Statement: For SGA determination purposes, your substantial
work may, under certain conditions, be disregarded if it is
discontinued or reduced to the non-SGA level after a short time because
of your impairment, or the removal of special conditions related to
your impairment that were essential to your further performance of the
work. The UWA criteria differ depending on whether your work effort was
for ``3 months or less'' or for ``between 3 and 6 months.'' If your
work attempt was ``unsuccessful,'' we will not be precluded from
finding that you are under a disability during the time that you
performed that work.
When the UWA is Applicable: The UWA policy explained in this SSR is
to be used in initial disability cases. It is also to be used in
continuing disability cases in determining whether, because of work
activity, your disability continues or ceases. However, the UWA
criteria do not apply in determining whether payments should be made to
you for a particular month during the reentitlement period after
disability has been ceased because you did SGA, or during the initial
reinstatement period after you have been reinstated through the
expedited reinstatement provision.
Event That Must Precede a UWA: There must be a significant break in
the continuity of your work before you can be considered to have begun
a work attempt that later proved unsuccessful. Such an interruption
would occur when, because of your impairment or the removal of special
conditions related to your impairment that are essential to your
further performance of the work, the work was discontinued or reduced
(or limited) to the non-SGA level. Such an interruption could also
occur when, before the onset of your impairment, you discontinued (or
limited) your work for other reasons, such as retirement, or never
engaged in work activity. We will consider your work to be
``discontinued'' if you (1) were out of work for at least 30
consecutive days or (2) were forced to change to another type of work
or another employer. (On rare occasions a break lasting a few days less
than 30 may satisfy this requirement if your subsequent work episode
was brief and clearly not successful because of your impairment.)
Event That Must Follow a UWA: After the first significant break in
continuity of your work, your next period of work is regarded as
continuous until another significant break occurs; that is, until your
impairment, or the removal of special conditions related to your
impairment that are essential to your further performance of work,
causes your work to be ``discontinued'', as defined above, or to be
reduced to the non-SGA level. Each continuous period, separated by
significant breaks as described, may be a UWA so long as criteria as to
duration and conditions of work are met, as set out below.
Duration and Conditions of Work
1. Work Effort of 3 Months or Less: Your work must have ended or
have been reduced to the non-SGA level within 3 months due to your
impairment or to the removal of special conditions related to your
impairment
[[Page 9694]]
that are essential to your further performance of work. (Examples of
``special conditions'' are given below.)
2. Work Effort of Between 3 and 6 Months: If your work lasted more
than 3 months, it must have ended or have been reduced to the non-SGA
level within 6 months due to your impairment or to the removal of
special conditions (see below) related to your impairment that are
essential to your further performance of work and:
a. You must have had frequent absences from your work due to your
impairment; or
b. Your work must have been unsatisfactory due to your impairment;
or
c. Your work must have been done during a period of temporary
remission of your impairment; or
d. Your work must have been done under special conditions.
(To illustrate how UWA time periods are figured, work from November
5, 2003, through a date no later than February 4, 2004, is for ``3
months or less.'' Work from November 5, 2003, through at least February
5, 2004, but through a date no later than May 4, 2004, is for ``between
3 and 6 months.'')
3. Work Effort of Over 6 Months: Your SGA-level work lasting more
than 6 months cannot be an UWA regardless of why it ended or was
reduced to the non-SGA level.
4. Performance of Work Under Special Conditions: One situation
under which your SGA-level work may have ended, or may have been
reduced to the non-SGA level, as set out above, is ``the removal of
special conditions related to your impairment that are essential to
your further performance of work.'' That is, you may have worked under
conditions especially arranged to accommodate your impairment or you
may have worked through an unusual job opportunity, such as in a
sheltered workshop. Special or unusual conditions may be evidenced in
many ways. For example, you:
a. May have required and received special assistance from other
employees in performing the job; or
b. Were allowed to work irregular hours or take frequent rest
periods; or
c. Were provided special equipment or were assigned work especially
suited to your impairment; or
d. Were able to work only within a framework of especially arranged
circumstances, such as where other persons helped you prepare for or
get to and from work; or
e. Were permitted to perform at a lower standard of productivity or
efficiency than other employees; or
f. Were granted the opportunity to work, despite your medical
condition, because of family relationship, past association with the
firm, or other altruistic reason.
5. Development of Reasons for Work Discontinuance or Reduction:
When we consider why your work effort ended or was reduced to the non-
SGA level, we do not rely solely on information from you. Therefore, if
we do not already have impartial supporting evidence, we will seek
confirmation from your employer. If the information from your employer
is inconclusive or is not available, we may seek confirmation of the
reason you discontinued or reduced your work with a physician or other
medical source. After being apprised of the circumstances, the
physician or other medical source could state whether, in his or her
opinion or according to the records, your work discontinuance or
reduction was due to your impairment.
Answers to questions such as the following will help to verify the
nature and duration of your work and the reason it ended or was
reduced:
a. When and why was the SGA-level work interrupted, reduced or
stopped?
b. If special working conditions (as described in the preceding
section) were removed, what were those conditions or concessions? When,
how and why were they changed?
c. Were there frequent absences from work? Were days and hours of
work irregular and, if so, why?
d. Was job performance unsatisfactory because of the impairment?
e. Did the employer reduce your duties, responsibilities or
earnings because of your impairment?
f. When your work effort ended, was the continuity of employment
broken? Did the employer grant sick leave or hold the position open for
your return?
g. If you were self-employed, what has happened to the business
since the discontinuance or reduction of your work? If the business
continued in operation, who managed and worked in it and what income
will you receive from it?
Effective Date: The policy explained herein is effective as of the
date of publication of this SSR.
Cross-References: Program Operations Manual System, Part 4,
sections DI 11010.210-11010.220 and DI 24005.001. Social Security
Rulings 83-33 and 83-34.
[FR Doc. 05-3828 Filed 2-25-05; 8:45 am]
BILLING CODE 4191-02-P