Eligibility Requirements for a Disability Annuity

This section describes the special requirements you must meet in order to receive a disability annuity.

In addition to meeting the general annuity requirements described in publication RB-17, "Survivor Annuities", you must be:

• at least age 50, but less than age 60, and
• permanently disabled for all regular work before the end of your prescribed period (see Part V for the definitions of regular work and prescribed period).
  
  Note: If you are age 60 or older, you may be entitled to a regular widow(er)’s annuity.

When Your Disability Annuity Can Begin

You may select the date you wish your disability annuity payments to begin.

The date you select can be either:

• the earliest date permitted by law, or
• another date that may be more advantageous to you.

General Rule

Generally, the earliest annuity beginning date permitted by law is the later of:

• the first day of the month in which the employee died; or
• the first day of the 12th month before the month in which the Railroad Retirement Board (RRB) received your annuity application; or
• the first day of the month you attain age 50; or
• the first day of the month you are no longer entitled to annuity payments based on caring for a child of the employee; or
• the first day of the month following the disability waiting period.

Disability Annuity Waiting Period

A waiting period must be completed before your annuity can begin. The waiting period ends the last day of the 5th full month after the month we determine your disability began.

Previous Disability Annuity Rule

If you previously received a disability annuity which ended within 7 years of the month we determine your current disability began, the earliest annuity beginning date permitted by law is the later of:

• the first day of the month in which the employee died; or
• the first day of the 12th month before the month in which the RRB received your application; or
• the first day of the month you are no longer entitled to annuity payments based on caring for a child of the employee; or
• the first day of the month we determine you again became disabled.

How Work Can Affect Your Disability Annuity Payments

Before Age 60

If you perform work after your disability annuity begins and while you are still under age 60, full monthly payments will continue until it is determined that your disability has ended and you are no longer entitled to a disability annuity. However, your annuity is not payable for any month in which you work for a railroad employer, and you must return your annuity payment for that month to the RRB.

Your work and earnings will be evaluated to see if you are able to do regular work (see Part V, Item 7, for the definition of regular work). Also, any work performed after your disability annuity begins may raise a question about medical recovery (see Part V, Item 3, for the definition of medical recovery), regardless of the amount of your earnings. If this happens, you will be asked to provide additional information about your medical condition and we may request you to report for a medical examination.

After Age 60

If you perform work after age 60, your annuity is subject to the same earnings restrictions that apply to an aged widow(er)’s annuity. Your annuity payments may be withheld for any month during a year in which you are under full retirement age and estimate your earnings to exceed the annual exempt amount described in Form G-77, How Earnings Affect Payment of Survivor Annuities. In addition, your annuity is not payable for any month in which you work for a railroad employer, and you must return your annuity payment for that month to the RRB.

Conviction for a Criminal Offense Can Affect Your Annuity

The amount of your annuity may be affected if you are imprisoned or confined due to a conviction for a criminal offense.

See Part V, Item 1, for the definition of confinement.

When Your Disability Annuity Could End

At Age 60

At age 60, your entitlement to a disability annuity ends and your entitlement to an aged widow(er)’s annuity begins. This means that your entitlement to annuity payments is no longer affected by the restrictions that apply to disability annuitants as discussed in this booklet. However, your annuity is still subject to the restrictions for aged widow(er) annuitants discussed in booklet RB-17, Survivor Annuities. If you do not have a copy of that booklet, you should request one.

Before Age 60

Entitlement to disability annuity payments ends effective with the earlier of:

• the last day of the month before the month in which your death occurs, or
• the last day of the 2nd month after the month in which disability ends.

Your disability ends if:

• you medically recover so that you are able to work (see Part V, Item 3, for the definition of medical recovery), or
• you return to work and hold a job, whether or not there has been any substantial improvement in your condition. Note: You may, however, qualify for a trial work period (see Part V, Item 8, for the definition of Trial Work Period).