360-5.9 Trial work period. Persons determined to be disabled may be entitled to a trial
work period during which they retain their disability status.
(a) Definition of services. For the purposes of this section, the term
services means activity in employment or self-employment which is performed for
remuneration or gain or is determined to be of a type normally performed for remuneration
or gain. Inasmuch as the trial work provision is intended to give a disabled beneficiary
the opportunity to test his/her ability to work and hold a job, minor work activity may
generally be disregarded. Therefore, work activity in employment in a month will
constitute services only if it is actually or usually performed for remuneration or gain
amounting to more than $50, either in cash or in kind. Work activity in self-employment
will be determined to be services only where net earnings in a calendar month are more
than $50 for a month or the self-employed person spends more than 15 hours in that month
in the work activity. In some self- employed cases, it may not be possible to isolate from
the total net earnings the net earnings for each particular month of self- employment.
When this occurs, divide the net earnings for the particular work period by the months of
self-employment to find net earnings per month. Cases where remuneration for employment is
in the form of commissions should be handled in a similar manner.
(b) Activity which does not constitute services for purpose of charging
trial work period months. Activity performed by a beneficiary for which payment in excess
of $50 a month is made does not constitute services if the activity, although resembling
services in employment for remuneration or gain, is:
(1) part of a prescribed program of medical
therapy;
(2) carried out in a hospital under the
supervision of medical and administrative staff;
(3) not performed in an employer-employee
relationship; or
(4) not normally performed for remuneration or
gain.
(c) An individual who is still medically severely impaired may render
services in as many as nine calendar months (not necessarily consecutive) during which
his/her work, regardless of the magnitude, will not be the sole consideration in
determining whether disability has ceased. After nine months of services, if the
individual's medical condition has not improved, this work will be considered in
determining whether he/she has demonstrated an ability to engage in substantial gainful
activity as defined in section 360-5.2 of this Subpart. After the end of the trial work
period, any work (including the services rendered during any of the nine months) may be
considered in determining whether he/she is able to engage in substantial gainful activity
in any month thereafter.
(d) Investigation before end of the trial work period. If the medical
evidence upon which the initial disability determination is based indicates some
likelihood of recovery from the impairment, a return to work before the month the
certificate expires will be considered as a possible indication of medical recovery. If it
cannot reasonably be determined from the medical evidence in the file and from an
interview whether the client is still disabled, the agency should secure additional
medical evidence. If the evidence reveals the individual has recovered from his/her
impairment, disability status will cease in the month established by current medical
evidence. If the medical evidence obtained reveals the individual is still disabled, an
approval will be prepared and his/her case will not be investigated again until after
his/her trial period or when a subsequent medical re-examination (group II) becomes due or
when affirmative evidence of medical recovery is received, whichever date is earliest.
Affirmative evidence of medical recovery may include a report from a physician, hospital,
clinic, etc., indicating recovery.
(e) Investigation after end of trial work period. Most disability
clients have impairments which, by their nature, are either static or progressive. Since
medical recovery is not expected, a return to work under these circumstances is not
considered an indication of the possibility of medical recovery. An investigation in this
type of case will not be started until the individual has worked in at least nine months
or affirmative action of medical recovery is received before nine months of services have
been rendered.