DI 42586: Stieberger Case
TN 47 (08-96)
A. Policy
The DEVELOPMENT PERIOD cannot begin during a period of SGA. In counting back 48 months from the date SSA received the request for review to determine the first month of the DEVELOPMENT PERIOD, calendar years with earnings exceeding SGA levels are not counted. DEVELOPMENT PERIOD months are also subject to the other exclusions noted in DI 12586.035C. If there are not 48 months of non-SGA, the DEVELOPMENT PERIOD begins the earliest month (not otherwise excluded by another exclusion) of the earliest year of non-SGA earnings.
B. Process -- intermittent presumed SGA years
1. Presumed SGA years
In initially determining SGA, it is assumed, absent evidence to the contrary, that SEQY postings in excess of the SGA level for a particular year represent continuous work activity at the SGA level for all months of that year. These years are called “PRESUMED SGA YEARS.”
2. Reviewing the SEQY
The SEQY is reviewed to determine SGA. Years before 1990 with over $3600 posted and the years 1990 on with over $6000 posted are PRESUMED SGA YEARS.
Years where the SEQY shows annual earnings at the SGA level will not be counted when calculating the DEVELOPMENT PERIOD.
NOTE: If the DDS becomes aware of work activity, not reflected on the SEQY, that may affect the DEVELOPMENT PERIOD, it returns the case to the FO for recalculation of the DEVELOPMENT PERIOD.
3. SSA-820/821(s) are obtained
SSA-820/821(s) will usually not be needed. They are obtained only:
If all SEQY years are presumed SGA years, or
To document work activity not reflected on the SEQY that may affect the DEVELOPMENT PERIOD.
4. Examples
In the following examples, the AOD is earlier than the earliest year cited in the sample postings.
EXAMPLE 1: The SEQY shows the following postings for the Stieberger period:
| 1983 | 7,000 | 1990 | 0 |
| 1984 | 0 | 1991 | 0 |
| 1985 | 0 | 1992 | 7,100 |
| 1986 | 5,200 | 1993 | 8,000 |
| 1987 | 4,200 | 1994 | 7,500 |
| 1988 | 0 | 1995 | 0 |
| 1989 | 0 |
Claimant's request for Stieberger relief was received in 3/93. Per the SEQY, 1992 and 1993 are PRESUMED SGA years. No SGA is indicated for 1988-1991. (No SSA-821 is needed.) The DEVELOPMENT PERIOD begins 1/88.
EXAMPLE 2: The SEQY shows the following postings for the Stieberger period:
| 1981 | 12,000 | ||
| 1982 | 0 | 1988 | 9,000 |
| 1983 | 3,700 | 1989 | 9,500 |
| 1984 | 5,000 | 1990 | 9,300 |
| 1985 | 3,500 | 1991 | 0 |
| 1986 | 6,900 | 1992 | 9,000 |
| 1987 | 9,000 | 1993 | 9,800 |
Claimant's request for Stieberger relief was received on 4/93. The only years that are not presumed SGA years are 1991, 1985, and 1982. Each presumed SGA year counts for 12 months. Therefore, counting back from the month of request for review, 48 non-excluded months cannot be found. In this case, the DEVELOPMENT PERIOD begins in 1/82, the first month in the earliest non-SGA year within the Stieberger period.
EXAMPLE 3: One of the other development exclusions applies and the SEQY shows the following posted earnings for the Stieberger period:
| 1983 | 7,000 | 1990 | 0 |
| 1984 | 0 | 1991 | 0 |
| 1985 | 0 | 1992 | 7,100 |
| 1986 | 5,200 | 1993 | 8,000 |
| 1987 | 4,200 | 1994 | 7,500 |
| 1988 | 0 | 1995 | 0 |
| 1989 | 0 |
Two DEVELOPMENT PERIOD exclusions apply in this case; a period adjudicated in a non-New York denial (covering the period 3/90-10/91) and presumed SGA years (as reflected in the SEQY postings). In counting back 48 months from 4/ 93 (the month of receipt of the request for review), the months in the presumed SGA years of 1993, 1992, 1987 and 1986 are excluded. Also excluded are the months from 10/91 back to 3/90, the period covered by the non-New York denial.
After considering the applicable exclusions, counting back 48 non-excluded months would go as follows:
| YEAR - #OF MONTHS | COMMENT |
|---|---|
| 1993 - (0) | All months excluded due to presumed SGA. |
| 1992 - (0) | All months excluded due to presumed SGA. |
| 1991 - (2) | Two months counted, 12/91 & 11/91; 10/91 - 01/91 excluded - covered by a non-New York denial. |
| 1990 - (2) | Two months counted, 02/90 & 01/90; 12/90 - 03/90 excluded - covered by non-New York denial. |
| 1989 - (12) | No exclusions apply, all months counted. |
| 1988 - (12) | No exclusions apply, all months counted. |
| 1987 - (0) | All months excluded due to presumed SGA. |
| 1986 - (0) | All months excluded due to presumed SGA. |
| 1985 - (12) | No exclusions apply, all months counted. |
| 1984 - (8) | No exclusions apply, 12/84-05/84. |
| TOTAL: 48 | The 48th month is 05/84. The DEVELOPMENT PERIOD begins in 05/84 |
5. SGA denials
An SGA denial is prepared if there is no non-SGA period of 12 months or more. (See DI 12586.095, Exhibits 13 and 14 for title II and title XVI SGA denial letters).
Copies of all SGA denial notices are sent to the class member, any representative, and to the Litigation Staff. The Litigation Staff copy is annotated, “SGA denial for input to CATS.”