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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. 

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.

Alternatives:

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.

Risks:

None.