[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR220.17]



[Page 264-265]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

 Subpart C_Disability Under the Railroad Retirement Act for Work in an 

                 Employee's Regular Railroad Occupation

 

Sec.  220.17  Recovery from disability for work in the regular occupation.



    (a) General. Disability for work in the regular occupation will end 

if--

    (1) There is medical improvement in the annuitant's impairment(s) to 

the extent that the annuitant is able to perform the duties of his or 

her regular occupation; or

    (2) The annuitant demonstrates the ability to perform the duties of 

his or her regular occupation. The Board provides a trial work period 

before terminating a disability annuity because of the annuitant's 

return to work.

    (b) Definition of the trial work period. The trial work period is a 

period during which the annuitant may test his or her ability to work 

and still be considered occupationally disabled. It begins and ends as 

described in paragraph (e) of this section. During this period, the 

annuitant may perform ``services'' (see paragraph (c) of this section) 

in as many as 9 months, but these months do not have to be consecutive. 

The Board will not consider those services as showing that the 

annuitant's occupational disability has ended until the annuitant has 

performed services in at least 9 months. However, after the trial work 

period has ended, the Board will consider the work the annuitant did 

during the trial work period in determining whether the annuitant's 

occupational disability has ended at any time after the trial work 

period.

    (c) What the Board means by services in an occupational disability 

case. When used in this section, ``services'' means any activity which, 

even though it may not be substantial gainful activity as defined in 

Sec.  220.141, is--

    (1) Done by a person in employment or self-employment for pay or 

profit, or is the kind normally done for pay or profit; and

    (2) The activity is a return to the same duties of the annuitant's 

regular occupation or the activity so closely approximates the duties of 

the regular occupation as to demonstrate the ability to perform those 

duties.

    (d) Limitations on the number of trial work periods. The annuitant 

may have only one trial work period during each period in which he or 

she is occupationally disabled.



[[Page 265]]



    (e) When the trial work period begins and ends. (1) The trial work 

period begins with whichever of the following calendar months is the 

latest--

    (i) The annuity beginning date;

    (ii) The month after the end of the appropriate waiting period; or

    (iii) The month the application for disability is filed.

    (2) The trial work period ends with the close of whichever of the 

following calendar months is the earlier--

    (i) The ninth month (whether or not the months have been 

consecutive) in which the annuitant performed services; or

    (ii) The month in which new evidence, other than evidence relating 

to any work the annuitant did during the trial work period, shows that 

the annuitant is not disabled, even though the annuitant has not worked 

a full nine months. The Board may find that the annuitant's disability 

has ended at any time during the trial work period if the medical or 

other evidence shows that the annuitant is no longer disabled.