TN 49 (08-08)

A. Work report is received in field office (FO)

When a return to work report is received in the FO, and the claim is pending at the initial or reconsideration level, undertake other development as necessary (e.g., complete a SSA-821 (Work Activity Report) and other appropriate forms). Develop the work activity and make a Substantial Gainful Activity (SGA) determination. See Meaning of SGA and Scope of Subchapter - DI 10501.001 - DI 10501.025.) For cases pending at the hearing level, the FO does not have jurisdiction of the work issue. The development of the work issue must be done by ODAR (Office of Disability Adjudication and Review). For post entitlement situations see Work Reports - DI 13010.020 - DI 13010.025.

B. Claimant returns to work before the initial award

When the claimant returns to work before the initial award is made and within 12 months after the onset, and SGA has been demonstrated, take action to deny the claim unless the work constitutes an “unsuccessful work attempt.” See Unsuccessful Work Attempt (UWA) - DI 11010.145. For Processing Field Office (FO) Determinations - DI 81010.140D.

C. Claimant's file is unavailable-official folder is paper

When a work report is received, and the claimant's file is unavailable, prepare an SSA-821, or SSA-820 (Work Activity Report-Self Employed), and other appropriate forms, including all pertinent work information. Forward the documentation to the office that has the file (e.g., another FO, Office of Disability Operations (ODO), or Program Service Center (PSC)). For CEF cases see eForms - DI 81010.115.