Citations:

Act — Secs. 216(i), 222(c), 223(d), 1614(a)

Regulations No. 4 — Sec. 404.1581 - 404.1584

TN 5 (08-94)

A. Work Activity Before 1978

For work activity performed before 1978 by blind employees under title II, the principles of evaluation and the earnings considered sufficient to show an ability to do SGA are the same for blind employees as for other employees. (See DI 10505.001 - DI 10505.020)

B. Work Activity in 1978 or Later

1. For evaluation of work activity performed in 1978 or later by blind employees under title II, there is an SGA earnings amount for each year that is higher than the SGA earnings amount for nonblind persons; there is no secondary amount for blind individuals. Specific amounts, shown in the SGA Earnings Guidelines (see DI 10501.015), have been established.

2. Prior to applying the Earnings Guidelines for a determination as to SGA, evaluate the earnings and activities of blind employees in the same manner as those of nonblind individuals in order to determine “countable earnings.” (See DI 10505.010.) That is, deduct any subsidy and any impairment-related work expenses (IRWE) from gross earnings. A blind employee will be considered engaged in SGA in 1978 or later if his or her “countable earnings” average more than the amount shown in the SGA Earnings Guidelines (see DI 10501.015).

3. Cases in which average monthly “countable earnings” of blind employees in 1978 or later do not exceed the amount shown for blind persons in the SGA Earnings Guidelines (see DI 10501.015) need not be evaluated under the comparability and worth of work tests. Assume that such average monthly “countable earnings” do not demonstrate an ability to engage in SGA.

¹NOTE: Blind individuals under Title XVI are NOT subject to any SGA limitations.