TN 60 (08-96)

A. Policy

The DEVELOPMENT PERIOD generally begins 48 months retroactive from the date SSA received the request for review, subject to the exclusions noted in DI 32586.035. Period(s) of SGA is one of the listed exclusions. Therefore, SGA may cause the DEVELOPMENT PERIOD to begin more or less than 48 months prior to the date on which SSA received the request for review.

B. Process

1. Presumed SGA years

In initially determining SGA, the FO will assume, 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. Review of 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.

To find the beginning of the DEVELOPMENT PERIOD, 48 months are counted back from the date SSA received the request for review. Not included in counting back are the years where the SEQY shows annual earnings at the SGA level or months where any other exclusion listed in DI 12586.035C.1. is applicable.

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:

1. If all SEQY years are presumed SGA years, or

2. To document work activity not reflected on the SEQY that may affect the DEVELOPMENT PERIOD.

The DEVELOPMENT/PAYMENT worksheet directions are in Exhibit 3, DI 32586.095.

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:

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:

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:

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:

5. SGA denials

The FO prepares an SGA denial if there is no period of non-SGA lasting at least 12 consecutive months.

Copies of all SGA denial notices go to the class member, any representative, and to the Litigation Staff.