New update from Social Security! How earnings are counted for Title II disability post-entitlement cases.

On September 26, 2016 Social Security updated the POMS to include the new legislative requirements for Section 825 of the Bipartisan Budget Act (BBA) of 2015. This legislation changes the way earnings from services are counted in title II disability post-entitlement cases (SSDI (Social Security Disability Insurance), CDB (Childhood Disability Benefits) or DWB (Disabled Widow benefits).

In any title II disability case other than initial determinations, earnings will be presumed to have been earned in the month in which such earnings were paid unless it can be reasonably established, based on evidence readily available at the time of such determination, that the earnings were earned in a different month than when paid. This is a change from previous policy which required Social Security employees to attribute earnings to months in which the work was performed, rather than when the earnings were paid.

 

The notice of this change in the POMS can be found at Social Security’s website here:
https://secure.ssa.gov/apps10/reference.nsf/links/09202016010717PM

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