Trial Work Period Earnings Thresholds for 1979 - 2002 (20 CFR 404.1592)

§404.1592 The trial work period.
(a) Definition of the trial work period. The trial work period is a
period during which you may test your ability to work and still be
considered disabled. It begins and ends as described in paragraph (e)
of this section. During this period, you may perform services (see
paragraph (b) of this section) in as many as 9 months, but these months
do not have to be consecutive. We will not consider those services as
showing that your disability has ended until you have performed
services in at least 9 months. However, after the trial work period has
ended we will consider the work you did during the trial work period in
determining whether your disability ended at any time after the trial
work period.
(b) What we mean by services. When used in this section, services
means any activity (whether legal or illegal), even though it is not
substantial gainful activity, which is done in employment or
self-employment for pay or profit, or is the kind normally done for pay
or profit. We generally do not consider work done without remuneration
to be services if it is done merely as therapy or training or if it is
work usually done in a daily routine around the house or in self-care.
We will not consider work you have done as a volunteer in the federal
programs described in section 404.1574(d) in determining whether you
have performed services in the trial work period.
(1) If you are an employee. We will consider your work as an employee to be services if:
(i) Before January 1, 2002, your earnings in a month were more than
the amount(s) indicated in Table 1 for the year(s) in which you worked.
(ii) Beginning January 1, 2002, your earnings in a month are more
than an amount determined for each calendar year to be the larger of:
(A) Such amount for the previous year, or
(B) An amount adjusted for national wage growth, calculated by
multiplying $530 by the ratio of the national average wage index for
the year 2 calendar years before the year for which the amount is being
calculated to the national average wage index for 1999. We will then
round the resulting amount to the next higher multiple of $10 where
such amount is a multiple of $5 but not of $10 and to the nearest
multiple of $10 in any other case.
(2) If you are self-employed. We will consider your activities as a self-employed person to be services if:
(i) Before January 1, 2002, your net earnings in a month were more
than the amount(s) indicated in Table 2 of this section for the year(s)
in which you worked, or the hours you worked in the business in a month
are more than the number of hours per month indicated in Table 2 for
the years in which you worked.
(ii) Beginning January 1, 2002, you work more than 80 hours a month
in the business, or your net earnings in a month are more than an
amount determined for each calendar year to be the larger of:
(A) Such amount for the previous year, or
(B) An amount adjusted for national wage growth, calculated by
multiplying $530 by the ratio of the national average wage index for
the year 2 calendar years before the year for which the amount is being
calculated to the national average wage index for 1999. We will then
round the resulting amount to the next higher multiple of $10 where
such amount is a multiple of $5 but not of $10 and to the nearest
multiple of $10 in any other case.
Table 1.—For Employees
For months You earn more than
In calendar years before 1979: $50
In calendar years 1979-1989: $75
In calendar years 1990-2000: $200
In calendar year 2001: $530
Table 2.—For the Self-Employed
For months Your net earnings are more than Or you work in the business more than
In calendar years before 1979: $50 or 15 hours.
In calendar years 1979-1989: $75 or 15 hours.
In calendar years 1990-2000: $200 or 40 hours.
In calendar year 2001: $530 or 80 hours.
(c) Limitations on the number of trial work periods. You may have
only one trial work period during a period of entitlement to cash
benefits.
(d) Who is and is not entitled to a trial work period. (1) You are
generally entitled to a trial work period if you are entitled to
disability insurance benefits, child's benefits based on disability, or
widow's or widower's or surviving divorced spouse's benefits based on
disability.
(2) You are not entitled to a trial work period—
(i) If you are entitled to a period of disability but not to
disability insurance benefits, and you are not entitled to any other
type of disability benefit under title II of the Social Security Act
(i.e., child's benefits based on disability, or widow's or widower's
benefits or surviving divorced spouse's benefits based on disability);
(ii) If you perform work demonstrating the ability to engage in
substantial gainful activity during any required waiting period for
benefits;
(iii) If you perform work demonstrating the ability to engage in
substantial gainful activity within 12 months of the onset of the
impairment(s) that prevented you from performing substantial gainful
activity and before the date of any notice of determination or decision
finding that you are disabled; or
(iv) For any month prior to the month of your application for disability benefits (see paragraph (e) of this section).
(e) When the trial work period begins and ends. The trial work
period begins with the month in which you become entitled to disability
insurance benefits, to child's benefits based on disability or to
widow's, widower's, or surviving divorced spouse's benefits based on
disability. It cannot begin before the month in which you file your
application for benefits, and for widows, widowers, and surviving
divorced spouses, it cannot begin before December 1, 1980. It ends with
the close of whichever of the following calendar months is the earliest:
(1) The 9th month (whether or not the months have been consecutive)
in which you have performed services if that 9th month is prior to
January 1992;
(2) The 9th month (whether or not the months have been consecutive
and whether or not the previous 8 months of services were prior to
January 1992) in which you have performed services within a period of
60 consecutive months if that 9th month is after December 1991; or
(3) The month in which new evidence, other than evidence relating to
any work you did during the trial work period, shows that you are not
disabled, even though you have not worked a full 9 months. We may find
that your disability has ended at any time during the trial work period
if the medical or other evidence shows that you are no longer disabled.
See §404.1594 for information on how we decide whether your disability
continues or ends.
[45 FR 55584, Aug. 20, 1980, as amended at 49 FR 22273, May 29,
1984; 50 FR 50130, Dec. 6, 1985; 54 FR 53605, Dec. 29, 1989; 65 FR
42787, July 11, 2000; 65 FR 82910, Dec. 29, 2000]
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