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SSA RIN: 0960-AF12 Publication ID: Fall 2000 
Title: OASDI, and SSI for the Aged, Blind and Disabled; Substantial Gainful Activity Amounts; "Services" for Trial Work Period Purposes--Monthly Amounts; Student-Earned Income Exclusion (777F) 
Abstract: These final regulations will automatically increase the average monthly earnings guide used to determine whether work done by persons with impairments other than blindness is substantial gainful activity (SGA). As of July 1999, average monthly earnings above $700 are considered SGA. These final regulations increase the minimum monthly amount of earnings that demonstrate that a person is performing services during a trial work period, and automatically increase the amount each subsequent year. Additionally, these final regulations update the amount of the student-earned-income exclusion (SEIE) and adjust the SEIE for inflation annually, using the consumer price index. 
Agency: Social Security Administration(SSA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 404.1574    20 CFR 404.1592    20 CFR 416.974    20 CFR 1112   
Legal Authority: 42 USC 402    42 USC 405(a)    42 USC 405(b)    42 USC 405(d) to 405(h)    42 USC 416(i)    42 USC 421(a)    42 USC 421(i)    42 USC 422(c)    42 USC 423    42 USC 425    42 USC 902(a)(5)    42 USC 1382    42 USC 1382c    42 USC 1382h    42 USC 1383(a)    42 USC 1383(c)    42 USC 1383(d)(1)    42 USC 1383b   
Legal Deadline:  None

Statement of Need: This regulation fulfills SSA's promise to the public that was provided in conjunction with the regulation that increased the SGA level effective July 1999, that SSA would consider adopting appropriate changes to SGA in the future. Additionally, this regulation should encourage SSA beneficiaries with disabilities to return to work; a major initiative of the Agency.

Summary of the Legal Basis: None

Alternatives: None

Anticipated Costs and Benefits: This regulation has been determined to have a negligible cost for the Agency. The public will be able to enjoy the benefits of having the various items addressed in the regulation: the monthly SGA amount; the amount of the TWP service month; and the SEIE automatically increased each year, if appropriate, rather than waiting for SSA to take steps to increase these items.

Risks: None

Timetable:
Action Date FR Cite
NPRM  08/11/2000  65 FR 49208   
Final Action  01/00/2001    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Robert J. Augustine
Social Insurance Specialist
Social Security Administration
Office of Regulations, 6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-0020

Ray Marzoli
Social Insurance Specialist
Social Security Administration
Office of Employment Support Systems, 6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-9826