Policy and Systems

Chapter 14 - Reporting Requirements

Rights to benefits under the Railroad Retirement Act also carry responsibilities for reporting work, earnings, and certain other events that may affect your right to receive disability benefits. The RRB informs you of events you are obligated to report, and, if you do not comply, benefit overpayments can occur that have to be repaid, sometimes with interest and penalties. In some cases, failure to report may constitute a criminal violation under Title 45, U.S.C., section 231(l) or other criminal or civil statutes of law.

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Part IV - Your Responsibility for Reporting Events

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Chapter 13 - Continuing Disability Review

Until you reach full retirement age (FRA), your work activity and earnings will be evaluated to see if you are able to do "regular work." Also, work performed after your disability annuity begins may indicate "medical recovery," regardless of the amount of your earnings. If this happens, you will be asked for additional information about your medical condition and the RRB may request that you submit new medical evidence and/or undergo a medical examination(s).

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Types of Medicare Coverage

Medicare is a 2-part Federal health insurance program for people age 65 or older and certain disabled people. One part is Hospital insurance (also called Part A). The other part is Medical insurance (also called Part B).

Hospital insurance can help pay for:

medically necessary inpatient hospital care;
inpatient care in a skilled nursing facility; and
care in your home by a home health agency.

Medical insurance can help pay for:

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Chapter 12 - What is Medical Recovery?

Work performed and the amount of earnings a person makes may indicate that the person medically recovered from their disability. A person has medically recovered from a disability if, based on medical evidence or work performed by the individual, it is determined that the individual is able to return to:

regular work, or
substantial gainful activity (SGA), or
work in the individual's regular railroad occupation or similar occupation.

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When Your Period of Disability Could End

A period of disability ends with the earliest of:

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Part III - When Work and Earnings Indicate Recovery From Disability

How Work and Earnings Can Affect Employees Initially Awarded Disability Annuities

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When Your Period of Disability Can Begin

The period of disability begins on the first day both the earnings and disability requirements are met. A period of disability cannot be awarded if all or part of the waiting period falls in or after the month "full retirement age" is attained.

The beginning date of a period of disability does not determine when basic railroad retirement disability annuity payments may begin. It does however, determine when and if any increased payments may begin, and it also may affect the beginning date of early Medicare coverage.

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Chapter 11 - Trial Work Period

If you work after your disability benefits begin, you may be entitled to a trial work period (TWP). This is a period of time where you may test without penalty your ability to work and still be considered disabled. A TWP may last 9 months (not necessarily consecutive) in a 60-month period. After the TWP is complete, the RRB will decide whether you are still disabled. Some limitations apply to the TWP. Due to the complexity of determining whether you qualify for the TWP, you should contact an RRB representative before returning to work.

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Chapter 10 - Substantial Gainful Activity

Substantial gainful activity (SGA) is work which results in earnings over a certain monthly threshold. It also refers to work activity involving the performance of significant physical or mental duties, or a combination of both, which are productive in nature. If you work and are receiving an annuity based on a total and permanent disability, or if you have a period of disability (also called a disability freeze) or early Medicare, you may be subject to a finding of SGA as the result of a continuing disability review (CDR) determination.

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