TN 49 (08-08)

A. FO responsibilities

If a claimant indicates that he/she has worked after the date that his/her illnesses, injuries, or conditions first caused a reduction in his/her ability to work the FO has the following responsibilities:

• Develop and document on the SSA-820 or SSA-821, information on the nature and duration of the work performed after that date, and the reasons for its termination or reduction Unsuccessful Work Attempt (UWA) - DI 11010.145 and Completing the Paper Form SSA-3367–F5 (Disability Report - Field Office) DI 11005.045B.1. Give special attention to determining the beginning and ending dates of intermittent periods of work.

• Prepare a determination as to whether the work done after the earliest possible onset was Substantial Gainful Activity (SGA). If the work was SGA, make a recommendation to the DDS (on an SSA-823 Report of SGA Determination) as to whether or not the period of work may be considered an Unsuccessful Work Attempt (UWA). The FO has final responsibility for a determination of a UWA only in Continuing Disability Review (CDR) cases in which no medical issue exists.

B. DDS responsibilities

The DDS has the following responsibilities:

• recognize evidence of work activity not developed by the FO, which may be pertinent to the disability decision, including unresolved questions and discrepancies on the SSA- 3368 (Disability Report - Adult), SSA-3367 (Disability Report - Field Office).

• be alert to the possible effect of a period of work on the date of disability onset.

• make the final determination (except in CDR cases with no medical issue) as to whether work activity after the Alleged Onset Date (AOD) or Potential Onset Date (POD) was an UWA.