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SSA RIN: 0960-AH90 Publication ID: Fall 2016 
Title: Treatment of Earnings Derived From Services  

Prior to the Bipartisan Budget Act when a Social Security disability beneficiary worked, we were required to determine which month the beneficiary’s income was earned in determining the beneficiary’s continued entitlement to benefits (or the amount of his or her benefits). Section 825 of the Bipartisan Budget Act of 2015, requires SSA to presume that wages and salaries are earned when paid, unless information is available to SSA that shows when the income is earned. Regulatory changes are needed to set forth the procedures and rules that beneficiaries and SSA must follow in implementing this provision. 

Agency: Social Security Administration(SSA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Bipartisan Budget Act of 2015 sec 825   
Legal Deadline:  None

Statement of Need:

 The purpose of section 825 is to simplify work CDR processing by allowing adjudicators to use readily available evidence of earnings like IRS data, SSI verified wages, quarterly earnings data, and earnings maintained by third party payroll providers.

Summary of the Legal Basis:

Section 825 of the Bipartisan Budget Act of 2015.


There is no alternative, this rule complies with statutory mandate.

Anticipated Costs and Benefits:

Prior to this legislation, when we made an SGA determination we had to determine when the services were performed.  Under provision 825, we can presume that monthly earnings are earned in the month paid, unless there is readily available evidence to indicate when earned.



Action Date FR Cite
NPRM  06/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Faye Lipsky
Director, Office of Regulations and Reports Clearance
Social Security Administration
6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-8783

Kristine Erwin-Tribbitt
Acting Director
Social Security Administration
Office of Research, Demonstration, and Employment Support, 6401 Security Boulevard,
Baltimore, MD 21235
Phone:410 965-3353