RRB Booklet, RB-1d (01-02)

For Use With
Form AA-I d

EMPLOYEE
DISABILITY
BENEFITS

United States of America
Railroad Retirement Board
Visit our Web site at http://www.rrb.gov
Form RB-ld (01-02)

Table of Contents
Page

-

Part I General lnformation
Chapter 1 - Application Forms
Chapter 2 - Medical Evidence
Chapter 3 - After You Return Your Application
Chapter 4 - Periodic Review of Disability
Chapter 5 - lnformation and Assistance
Chapter 6 - Vocational Rehabilitation Services

-

Part II About Your Disability Annuity
Chapter 7 - Occupational Disability Annuity
Chapter 8 - Total and Permanent Disability Ar~~iuity
Chapter 9 - When Your Disability Annuity Can Begin
Chapter 10 - How Work Can Affect Your Disability Annuity Payments
Chapter 11 - Felony Conviction Can Affect Your Annuity
Chapter 12 - When Your Disability Annuity Could End
Part Ill -About Your Period Of Disability ("Disability Freeze")
Chapter 13 - How a Period of Disability Can Help You
Chapter 14 - Eligibility Requirements for a Period of Disability
Chapter 15 - When Your Period of Disability Can Begin
Chapter 16 - When Your Period of Disability Could End

-

Part IV Applying For Early Medicare Coverage
Chapter 17 - Types of Medicare Coverage
Chapter 18 - Eligibility Requirements for Early Medicare
Chapter 19 - When Your Early Medicare Can Begin
Chapter 20 - When Your Early Medicare Could End
Chapter 21 - Enrollment for Early Medicare
Part V - Events That Can Affect Your Disability Benefits
Chapter 22 - Events You Must Report
Chapter 23 - How to Report an Event

-

Part VI Glossary
Chapter 24 - Special Railroad Retirement Board Terms Defined

-

Part I General Information

-

Chapter 1 Application Forms
To receive the disability benefits described in this booklet, you must file an
application form. This chapter will explain the forms you must file to receive
a disability benefit.
To expedite filing for a disability annuity, you or a family member should call
or write the nearest Railroad Retirement Board (RRB) field office to schedule
an appointment. For the appointment, bring in any medical evidence in your
possession and any medical records you can secure from your treating
physicians.
Disability Annuity
To receive monthly disability annuity payments, Form AA-I d, Application for
Determination of Employee Disability, must be filed with Form AA 1,
Application for Employee Annuity, and Form G-251, Vocational Report.
If you have filed for a disability annuity, you are automatically considered for
a period of disability and early Medicare coverage.
Period of Disability and Early Medicare Coverage
If you have already received a monthly railroad retirement annuity payment,
you may file Form AA-I d and Form G-251 for period of disability and early
Medicare coverage. Normally, you would do this if you:
t

t

are disabled and applied for, or are already receiving, monthly annuity
payments based on 30 years of railroad service at age 60 or later, or
receive monthly disability payments but you did not previously qualify for
a period of disability or early Medicare coverage when yol.lr annuity began.

Chapter 2

- Medical Evidence

When you apply for any type of disability benefit, it is your responsibility to
prove to the RRB that you are "permanently disabled" (see Part VI, Item 7,
for definition). You must provide or tell us about any evidence which may
show that you are disabled.

-

Part I General lnformation
How to Furnish Medical Evidence
You may furnish medical evidence in three ways:

1. We will give you a report form for your personal physician to complete.
In this way we can get information about your condition from the
medical source that knows you best.
2. We will ask you to sign an authorization to release to the RRB any
hospital, clinic, or employer medical records about your condition.
3. We may ask you to be examined at the RRB's expense if more
evidence is needed to:
t

t

obtain more detailed or specialized medical findings about your
condition, or
resolve conflicts or differences in the evidence already in file.

Acceptable Sources of Medical Evidence
The following are acceptable sources of medical evidence:
t

Licensed physicians

t

Licensed osteopaths

t

Licensed or certified psychologists

t

Licensed optometrists

t

Persons authorized to send copies or summaries of the medical
records of hospitals, clinics, sanitariums, medical institutions, or health
care facilities.

Other Sources of lnformation
Sometimes, information from other sources can be important to a decision
about your ability to work, such as:
t

public and private social welfare agencies,

-

Part I General Information
t

t

observations by non-medical sources (for instance, a vocational
consultant),
other practitioners (naturopaths, chiropractors, audiologists, etc.).

Failure to Submit Evidence
It is.in your best interest to fully cooperate if medical or other evidence is
needed so that the decision on your claim is made as quickly as possible
and based on the best information available.
If you fail to submit medical evidence that is needed and requested, a
decision will be made on the evidence available.
If you fail or refuse to report without good cause for an examination
scheduled and paid for by the RRB, it may be decided that you are not
disabled.

-

Chapter 3 After You Return Your Application
After the RRB receives your completed application and all the needed
evidence, the RRB will decide if you are entitled to disability benefits.
If you cannot receive disability benefits, the RRB will send you a notice
explaining:
t

why you cannot receive disability benefits, and

t

what you can do if you disagree with the reason you cannot receive them.

If you can receive disability benefits, you will receive a notice that shows the
amount of your monthly payments, if any, and other information about your
benefits.
Sometimes the RRB will not be able to make a decision on your application
without obtaining additional information. If so, an RRB representative will
contact you by telephone or mail. You may be asked to send us the additional
forms, proofs, or statements that are needed. You may also be asked to
report for a medical exan-rination.
The RRB will normally notify you of the decision on your application in 4
months or less. If you do not hear from us within that time, contact the nearest
RRB ofice.

-

Part I General lnformation
Chapter 4

- Periodic Review of Disability

Your case may be periodically reviewed to determine if your condition is still
severe enough to prevent you from working. This is necessary to see if
your disability annuity, period of disability, or early Medicare coverage
should continue.
When your case is reviewed, we may ask you for information and evidence
or to report for a medical examination.
Chapter 5

- lnformation and Assistance

Any time you need information or assistance, you may contact the nearest
field office of the RRB. In addition to the personal attention you will receive,
special booklets and other printed material are available. To locate the
nearest RRB office visit our Web site at http://www.rrb.gov, or call
our toll-free HelpLine at 1-800-808-0772.
If you need to personally visit one of our field offices, please call for an
appointment. You will not be refused service if you do not have an
appointment, but our staff can serve you better when an appointment is
made. Most offices are open to the public from 9:00 a.m. to 3:30 p.m.,
Monday through Friday.
Chapter 6 - Vocational Rehabilitation Services
Vocational rehabilitation providers furnish a wide variety of services to help
people with disabilities return to work. These services are designed to
provide the client with the training or other services that are needed to return
to work, to enter a new line of work, or to enter the workforce for the first
time.
If you are disabled and want to work you may contact the rehabilitation
agency in your state directly at any time and let that agency know of your
interest in receiving rehabilitation services to help go to work. The address
and telephone number of the state vocational rehabilitation agency can be
found in the telephone book.

-

Part I General Information
Yo1.1r Responsibilities
Rights to benefits under the Railroad Retirement Act also carry responsibilities for reporting events that may affect the payment of 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. Part V of this booklet lists the events that you must
promptly report to the RRB.

-

Part II About Your Disability Annuity
Chapter 7 - Occupational Disability Annuity
If you are unable to work in your regular railroad job, you may qualify for
an occupational disability annuity.
To receive an occupational disability annuity, you must:
t

have a current connection with the railroad industry, and

t

have 240 months of creditable railroad service, o r have 120 months of
creditable railroad service and be at least age 60, and

t

be "permanently disab1ed"for work in your "regular railroad occupation"
(see Part VI, Items 7 and 8, for definitions).

-

Chapter 8 Total and Permanent Disability Annuity
If you are unable to work in any kind of regular iob, you may qualify for a
total and permanent disability annuity.
To receive a total and permanent disability annuity, you must stop all work, and:
t

t

have 120 months of creditable railroad service, o r have at least 60
months of creditable railroad service after 1995. (If you have less than
120 months of creditable railroad service, your Tier II cannot begin
before you attain age 62.)
be "permanently disabled" for any kind of "regular work" (see Part VI,
Items 7 and 9, for definitions).

-

Chapter 9 When Your Disability Annuity Can Begin
You may select the date you wish your disability annuity payments to begin.
The date you may select is either:
t

the earliest date permitted by law, or

t

another date that may be more advantageous to you.

-

Part II About Your Disability Annuity
General Rule
Generally, the earliest annuity beginning date perrr~ittedby law is the latest
of the following:
t

t

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 following the disability annuity waiting period.

Previous Disability Annuity Rule
If you previously received a disability annuity which ended within 5 years of
the month your current disability begins, the earliest annuity beginning date
permitted by law is the latest of the following:
t

t

The first day of the 12th month before the month in which the RRB
received your annuity application, or
the first day of the month you again became disabled.

If the date you select is earlier than the earliest date permitted by law, your
annuity will begin on the earliest date permitted by law.
Disabilitv Annuity Waiting Period
If the beginning date of your annuity is determined under the General Rule
as described above, a waiting period must be completed before your annuity
can begin. The waiting period ends the last day of the 5th month after the
month your disability began.

-

Chapter 10 How Work Can Affect Your Disability Annuity Payments
Work and earnings can affect the payment of your annuity and must be
reported pron~ptlyto the RRB in order to avoid potential overpayments
and penalties. The following describes the effect of work on your benefit
payments.
Work in the Railroad Industry
Your annuity cannot be paid for any month that you work in the railroad
industry.

-

Part II About Your Disability Annuity
Work for Your Last Nonrailroad Employer
Your Tier II and supplemental annuity, if any, are subject to deductions for
earnings from your last nonrailroad employer. The deduction is $1 for each
$2 in earnings not to exceed 50% of these components.
Work for any Employer
Earnings of More than $400 Per Month (after deduction of impairment
related work expenses) From Any Work.--If you are 1.1nder "full retirement
age" (see Part VI, ltem 4, for definition), your annuity cannot be paid for any
month you do any work and earn over $400 after deduction of "impairment
related work expenses" (see Part VI, ltem 12, for definition).
Earnings.--This includes wages before payroll deductions, commissions,
and other payments for work (such as room and board) and net earnings
from self-employment.
Penalties for Late Reports.--If you earn over $400 after deduction of
impairment related work expenses for a month and do not report it to us
within 2 months, you will be penalized.
t

t

The first time that you report late, the penalty is 1 month's annuity.
The second time that you report late, the penalty is 1 month's annuity
for each month you earned over $400 after deduction of impairment
related work expenses.

End-of-the-Year Adjustment.--If your annuity was adjusted because you
reported earnings of over $400 after deduction of impairment related work
expenses, we will send you a form after the end of the calendar year on
which to report your earnings. Annuity payments that have been withheld
will be paid if you earned less than $5,000 after deduction of impairment
related work expenses.
t

t

If you earned $5,000 or more after deduction of impairment related
work expenses, you will not be entitled to an annuity for some months;
the number depends on how much you earned.
You will lose one month's annuity for each $400 that you earned over
$4,800 (the last $200 or more of earnings over $4,800 counts as $400).

-

Part II About Your Disability Annuity
Penalties for late reports can be applied to end-of-year adjustments if
,they were not already assessed during the year the excess earnings
occurred.

,

Note: These disability work restrictions cease upon a disabled employee
annuitant's attainment of full retirement age, when the annuitant becomes
subject to the work and earnings restrictions applicable to employee
annuities based on age and service. This transition is effective no earlier
than full retirement age even if the annuitant had 30 years of service.
Substantial Gainful Activity
Substantial gainful activity is (in general) work which results in earr~ings
of at least $780 per month. 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 total and permanent disability, or if you have a period of
disability or early Medicare, you may be subject to a finding of substantial
gainful activity.
Work May Raise a Question About Your Condition
Until you reach full retirement age, your work and earnings will be evaluated
to see if you are able to do "regular work" (see Pad VI, ltem 9, for definition).
Also, any work performed after your disability annuity begins may raise a
question about "medical recovery" (see Pad VI, ltem 5, for definition)
regardless of the amount o f your earnings. If this happens, you will be
asked for additional information about your medical condition and we may
request that you be examined.
In any case, all work and earnings by a disability annuitant must be reported
promptly to the RRB in order to avoid potential overpayments and penalties.

-

Chapter 11 Felony Conviction Can Affect Your Annuity
The amount of your annuity may be affected if you are:
t

convicted of a felony which was coniniitted after October 19, 1980, or

t

imprisoned or confined for conviction of a felony.

See Part VI, Items 2 and 3, for definitions of "Confinement (or imprisonment)"
and "Felony."

-

Part II About Your Disability Annuity
Chapter 12 - When Your Disability Annuity C o i ~ l dEnd
At Full Retirement Aae
At full retirement age, your entitlement to a disability annuity payment ends
and your entitlement to an age-and-service annuity begins. This means that
your entitlement to annuity payments is no longer affected by the restrictions
that apply to disability annuitants as described in this booklet. However,
your annuity is still subject to the restrictions discussed in booklet RB-1,
Employee Annuity, for age-and-service annuitants. If you do not have a
copy of this booklet, you should request one.
Before Full Retirement Aqe
Entitlement to disability annuity payments ends effective with the earliest of:
t

the last day of the month before the month in which your death occurs, or

t

the last day of the

2nd

month after the month in which disability ends.

Disability ends if:
t

t

you "medically recover" (see Part VI, ltem 5, for definition) so that you
are able to work, or
you return to work and hold a job whether or not there has been any
substantial improvement in your condition (see Part VI, ltem 11, Trial
Work Period).

-

Part Ill About Your Period Of Disability ("Disability Freeze")

-

Chapter 13 How a Period of Disability ("Disability Freeze") Can Help You
A period of disability protects your earnings record so that the time you are
severely disabled will not count against you or your surviving dependents
when the amount of montlily benefits is computed.
Although the period of disability is not a monthly cash benefit in itself, it
provides that all or part of the entire Tier I portion of your annuity will be
taxed in the same manner as a social security benefit. It also may provide
the following:
t

lncreasing the amount of your monthly annuity payments.

t

Including your dependents in the amount of your annuity payments.

t

lncreasing the amount of the monthly benefits payable to your surviving
dependents.

t

Providing early Medicare coverage for you.

-

Chapter 14 Eligibility Requirements for a Period of Disability
("Disability Freeze")
To receive a period of disability, you must meet three requirements:

1. A disability requirement, and
2. an earrrings requirement, and

3. a waiting period requirement for early Medicare.
Disabilitv Requirement Defined
To meet this requirement, you must either:
t

have a "permanent medical condition" (see Part VI, ltem 6, for
definition) that prevents you from performing any "substantial gainful
work" (see Part VI, ltem 10, for definition) or

-

Part Ill About Your Period Of Disabilitv ("DisabClitv Freeze")
t

be at least age 55 and unable, due to "blindness" (see Pad VI, ltem 1,
for definition), to perform the substantial gainful work you used to do
with some regularity over a period of time.

Earnings Requirement Defined
To meet this requirement, you must meet one of the following conditions:
t

If your disability began at age 31 or later and there was no prior period
of disability before age 31, you must meet two provisions:
1

You must have earned social security or railroad retirement work
credits for each year after the later of I950 or age 21 up to the year
disability began and

2.

you must also have earned credit for 20 calendar quarters of social
security or railroad retirement work during a 40-quarter period
ending in or after the quarter in which disability began.
Exception: If you are under age 62 and have less than 120 months
of service but at least 60 months of service that were earned after
1995, you must have earned credit for 20 calendar quarters of
coverage of social security or railroad work in the I0 years
irr~mediatelypreceding #theonset of disability.

Note: If you are at least age 55 and meet the definition of "blindness"
(see Pad VI, ltem 1, for definition), you do not have to meet this part.
t

t

If your disability began at age 3 1 or later, but there was a prior period
of disability before age 31, you must have earned social security or
railroad retirement work credits for at least half of the calendar quarters
beginning with the first quarter after age 21 and ending with the quarter
in which you again became disabled. The number of calendar quarters
for which you earned social security or railroad retirement work credits
in this period cannot be less than 6.
If your disability began between ages 24 and 31, you must have
earned social security or railroad retirement work credits for at least half
of the calendar quarters beginning with the first quarter after age 21
and ending with the quarter in which disability began. The number of
calendar quarters for which you earned social security work credits in
this period cannot be less than 6.

-

Part Ill About Your Period Of Disability ("Disability Freeze")
Waiting Period Reql-~irementfor Early Medicare Defined
To meet this requirement, you must be permanently disabled for at least 5
full calendar months after the date you meet both the disability and earnings
requirement before a period of disability may be awarded. Therefore, the
waiting period always starts on the first day of the 6th month following the
month you are rated disabled.
A waiting period is not required if a previous period of disability ended within
5 years of the month the current freeze began.

In addition, if you are applying for a period of disability after the disabling
condition has ended, the freeze may be awarded only if the application was
filed before the earliest of:
t

12 months after the month age 65 is attained or

t

14 months after the month disability has ended.

-

Chapter 15 When Your Period of Disability ("Disability Freeze") 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
(see Part VI, Item 4, for definition).
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.

-

Chapter 16 When Your Period of Disability ("Disability Freeze") Could End
A period of disability ends with the earliest of:
t

the last day of the 2nd month after the month in which medical
recovery occurs,

-

Part Ill About Your Period Of Disability ("Disability Freeze")
t

t

t

the date determined by the RRB if you are doing or have done
"substantial gainful work" (see Part VI, ltem 70, for definition) since
your period of disability began (see Part VI, ltem 7 7, Trial Work
Period),
the last day of the month before the nionth full retirement age is
attained,
the last day of the month in which your death occurs.

The special ending date rules for cases involving substantial gainful work
are not covered in this booklet due to their complexity. If you have any
questions about them, contact the nearest field office of the RRB.

Part IV - Applying for Early Medicare Coverage
Chapter 17 - 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:
t

medically necessary inpatient hospital care,

t

inpatient care in a skilled nursing facility, and

t

care in your home by a home health agency.

Medical insurance can help pay for:
t

medically necessary doctors' services,

t

outpatient hospital services,

t

outpatient physical therapy and speech pathology services, and

t

a number of other medical services and supplies that are not covered
by the Hospital insurance part of Medicare.

If you are "permanently disabled" for any "regular work" (see Part VI, Items
7 and 9, for definitions) and receive a monthly retirement or disability
annuity, early Medicare coverage may begin after a waitirlg period (see
Chapter 14 - Waiting Period Requirement for Early Medicare Defined).
If you suffer from chronic renal disease, early Medicare coverage may begin
after a 3-month waiting period. Contact the Social Security Administration
for this coverage.

-

Chapter 18 Eligibility Requirements for Early Medicare

General
To receive Medicare coverage before age 65, an age-and-service or disability
annuitant must have a period of disability (see Part Ill).

-

Part IV Applying for Early Medicare Coverage

Special Provision for Occupational Disabilitv Annuitants
If you receive an occupational disability annuity and could not meet the
disability requirements for a period of disability when your annuity began,
you may qualify for early Medicare coverage at a later date if:
t

t

your condition becomes more severe and you meet the period of
disability requirement,
you did not meet the period of disability earnings requirement when
you met the period of disability requirement, but you met the earnings
requirement on the date your annuity began.

Special Provisions for Federal Employment After December 1982
If you meet the disability requirement for a period of disability but cannot
meet the earnings requirement because you did not have enough social
security or railroad retirement work credits, Federal employment beginning
January 1983 may be counted toward meeting the earnings requirement to
establish entitlement to Medicare.

-

Chapter I 9 When Your Early Medicare Can Begin

If You Have a Period of Disability
Your Medicare coverage will begin the latest of:
t

the 25th month you are entitled to retirement or disability benefits,

t

the 30th month after your disability began.

If You Meet the Special Provision for Occupational Disability Annuitants
Your Medicare coverage will begin tlie 30th month after you have met the
period of disability requirement and been entitled to an occupational disability
annuity.

-

Part IV Applying for Early Medicare Coverage

If You Meet the Special Provision for Federal Emplovment after December
Your Medicare coverage will begin the latest of:
the 25ul month you are entitled to retirement or disability benefits,

t

the 30th month after you have met both the period of disability
requirement and the period of disability earnings requirement, using
Federal employment.

t

Note: Months you were previously entitled to an annuity or a period of
disability may be counted toward the calendar month requirements above,
provided the current annuity or period of disability begins within 5 years of
the month the previous annuity or period of disability ended.
Chapter 20 - When Your Early Medicare Could End
Medical Recovery
If it is determined that your condition has improved and that you are
medically able to work (see Part VI, ltem 5, for definition), your Medicare
coverage will end. This is true whether or not you have actually worked.
When this happens, your early Medicare coverage ends with the latest of:
the last day of the 2nd nionth after the month in which medical
recovery occurs,

t

the last day of the month after the month in which you were notified in
writing that your disability ended.

t

Work
If you are working, or have worked since your coverage began, your early
Medicare coverage may end. This is true even though your medical
condition may not have improved. Unless medical recovery occurs first,
your early Medicare coverage ends with the earlier of:
t

t

the last day of the 24th month after you have corr~pleteda "trial work
period" (see Part VI, ltem 11, for definition) and it is determined you
performed "substantial gainful work" (see Part VI, ltem 10, for definition),
the last day of the month in which your death occurs.

-

Part IV Applying for Early Medicare Coverage

-

Chapter 21 Enrollment for Early Medicare
As soon as you are determined to be eligible for Medicare, you will
automatically be enrolled for Hospital insurance coverage (Part A). You
pay nothing for this coverage. You will also be automatically enrolled
for Medical insurance coverage (Part B). You will have to pay a monthly
premium for Part B. If you receive an annuity, the premium will usually
be deducted from your monthly annuity rate. If you later choose not to
receive Part B coverage, you must notify the Railroad Retirement
Board.

-

Part V Events That Can Affect Your Disabilitv Benefits

-

Chapter 22 Events You Must Report
In any situation, the best rule o f thumb i s "If i n doubt-report." The
field office can advise the annuitant as t o how a particular event would
affect benefits, and i n many cases, can also take any necessary action
at the field office level.
This chapter describes the different events that will affect your disability
benefits. You should be aware of these different events and notify us
immediately if any of them apply to you.
The events you should report can affect:
t

the amount of your monthly payment, or

t

the total amount which can be paid to you during the year, or

t

whether you can continue to be paid at all, or

t

whether your period of disability andlor early Medicare coverage can
continue.

Keep this booklet handy and refer to this part occasionally to see if you need
to report any event to the Railroad Retirement Board (RRB).
The following events must be promptly reported to the RRB:
t

t

t

t

If you perform any work, including self-employment, regardless how
much you earn.
If your condition improves, or your doctor tells you that you are able to
work.
If you begin to receive worker's compensation payments or any other
public benefit based on disability, or if the amount of these payments
change.
If you are convicted of a felony.

These events niust be reported in addition to any other events you must
report described in booklet RB-1, Employee Annuity.

Part V - Events That Can Affect Your Disability Benefits

-

Chapter 23 How to Report an Event

If at any time after you have completed your application you find that one of
the conditions previously explained in Chapter 22 applies to you, immediately
notify the RRB in writing. The notice should be sent to the RRB field office at
the address shown on the receipt for your application. However, if you wish,
you may also call or visit that office.
When you report an event, be sure to include the following:
t

t

Your railroad retirement claim number, which is shown at the top of
your application receipt, and
your name (or the employee's name if you are reporting an event for
the employee), and

t

a clear explanation of what event you are reporting, and

t

the exact date (month, day, year) that the event occurred, and

t

your address and daytime telephone number.

If you are reporting work, it is important that you also furnish:
t

the kind of work you are doirrg,

t

the name and address of your employer,

t

how much you expect to earn each month,

t

the period of time you expect to work,

t

how many hours per week you work, and

t

any disability-related work expenses.

Part VI - Glossary

Chapter 24 - Special Railroad Retirement Board Terms Defined
The following are definitions of certain terms used throughout the booklet.

-

1.

Blindness To meet the definition of blindness your:
t

t

eyesight must be no better than 201200 in the better eye with the
best correction, or
visual fields in both eyes must be severely restricted.

2. Confinement (or imprisonment) - To be under a sentence of
'

confinement or imprisonment means confinement to a jail, prison, or
other penal institution or correctional facility. This includes any facility
that is under the control and jurisdiction of a penal system, or any facility
in which a person may be confined. This also includes hospitals,
institutions, and halfway houses that are used as a place of
confinement. A person under a sentence of confinement to any of these
facilities is considered confined even though he or she may go outside
the facility to work, attend school, or for some other reason.
Note: A prisoner who is released on parole or because the sentence has
ended or has been suspended or overturned, is no longer considered to
be confined or imprisoned.

3.

Felony - A crime is a felony if it is considered to be a felony under
applicable law. Most states define certain crimes as felonies. However,
some states and foreign countries do not classify crimes as felonies. If a
crime has not been classified as a felony, it is still considered to be a
felony if it is a crime punishable by death or imprisonment for more than
one year.

4.

Full Retirement Age The age at which you can receive a full Tier I
benefit, unreduced for early retirement. The following chart explains
your full retirement age.

-

-

Part VI Glossarv

If vour date of birth is

then your Full Retirement Aqe is

Before 1-2-1938

65

1-2-1938 through 1-1-1 939

65 and 2 months

1-2-1939 through 1-1-1940

65 and 4 months

1-2-1940 through 1-1-1941

65 and 6 months

1-2-1941 through 1-1-1942

65 and 8 months

1-2-1942 through 1-1-1943

65 and 10 months

1-2-1943 through 1-1-1 955

66

1-2-1955 through 1-1-1 956

66 and 2 months

1-2-1956 through 1-1-1957

66 and 4 months

1-2-1957 through 1-1-1958

66 and 6 months

1-2-1958 through 1-1-1 959

66 and 8 months

1-2-1959 through 1-1-1 960

66 and 10 months

1-2-1960 and later

67

5.

Medical Recovery - A person has medically recovered from disability if,
based on medical evidence or demonstration by the individual, it is
determined that the individual is able to return to regular work,
substantial gainful work, or work in the individual's regular railroad
occupation or a similar occupation. Also see Regular Work and
Substantial Gainful Work.

6.

Permanent Medical Condition - A permanent medical condition is a
medically determinable mental or physical condition or impairment which has
lasted, or is expected to last, for a continuous period of at least 12 months,
or is expected to result in death.

7.

Permanently Disabled To be permanently disabled, you must have a
permanent medical condition that prevents you from working. Also see
Permanent Medical Condition.

-

Several unrelated conditions that are not considered severely disabling in
themselves can be combined and considered together to see if in this way
they prevent work.

-

Part VI Glossary

You are considered unable to work if your condition prevents you from
performing basic work activities. These activities are those physical
andlor mental abilities and aptitudes required to do most jobs, such as:
t

walkirlg, standing, sitting, lifting, pulling, pushiug, reaching, carrying,
or handling;

t

seeing, hearing, and speaking;

t

understanding, carrying out, and remembering simple instructions;

t

using judgment;

t

t

responding appropriately to supervision, co-workers, and usual
work situations;
dealing with changes in the work setting.

You will not be considered permanently disabled if you fail to follow
treatment prescribed by your doctor that may restore your ability to
work. However, you will not be penalized if the reason you did not
follow prescribed treatment is acceptable to the RRB.

-

8. Regular Railroad Occupation Your regular railroad occupation is the
one in which you worked in more months in the last 5 years before your
disability began than in any other occupation during that time.
You may, instead, claim as your regular railroad occupation the one in
which you worked in more than half of all the months you worked in the
last 15 years before your disability began.
To be disabled for all work in your regular railroad occupation means that
your condition prevents you from working in your regular job, although
you may be able to do other kinds of work.

-

9. Regular Work Regular work is the performance of the full range of
material and substantial duties of any regular and gainful employment
with any employer. Substantial duties are those that involve significant
mental or physical activity even if they are only done part time. Gainful
employment is work that is done for pay or profit, or is the kind that is
usually done for pay or profit even if no profit is realized. Also see
Substantial Gainful Work.

-

Part VI Glossarv

10. Substantial Gainful Work -This is any work generally done for pay or
profit that involves performing significant physical or mental duties. Work
may be considered substantial even if it is done part time. In evaluatirlg
work, consideration is given to job duties, skill, and experience required
to do the job, in addition to pay. Although current work may pay less or
may be different from previous work, a person may not necessarily be
considered disabled. Also see Regular Work.

-

11. Trial Work Period If you work after your disability benefits begin, you
may receive a trial work period during which you may test without
penalty your ability to work. A trial work period may last 9 months (not
necessarily consecutive), in a 60-month period. In some cases, the
trial work period can be extended. After the trial work period, we will
decide whether you are still disabled.

You cannot qualify for a trial work period if you have medically recovered.
Also see Medical Recovery.
All of the rules for determining if you qualify for a trial work period are
not covered in this booklet due to their complexity. If you have any
questions about them, contact the nearest field office of the RRB.
12. Impairment Related Work Expenses -These are special expenses
you paid for items or services you needed in order to work (for example,
attendance care, medical devices, equipment, prosthesis, or sirr~ilar
items or services). 'These expenses may be deductible from your
monthly earnings.

Examples of expenses that would not be covered include: cost of a
vehicle whether modified or not, routine physical examinations, allergy
treatments, dental examinations, and opticians' services.
If you wish to deduct such expenses from your earnings, please contact the
nearest office of the RRB.

NONDISCRIMINATION ON THE BASIS OF DISABILITY
Under Section 504 of the Rehabilitation Act of 1973 and Railroad Retirement
Board (RRB) regulations, no qualified person may be discriminated against
on the basis of disability. RRB programs and activities must be accessible to
all qualified applicants and beneficiaries, including those who are vision- or
hearing-impaired. Disabled persons needing assistance (including auxiliary
aids or program informatior~in accessible formats) should contact the nearest
RRB office. Complaints of alleged discrimination by the RRB on the basis of
disability must be filed within 90 days in writing with the Director of
Administration, Railroad Retirement Board, 844 North Rush Street, Chicago,
Illinois 60611-2092. Questions about individual rights under this regulation
may be directed to the RRB's Director of Equal Opportunity at the same
address shown above.

FRAUD AND ABUSE HOT LINE
Call the toll-free Fraud and Abuse Hot Line if you have reason to believe
that someone is receiving railroad retirement or unemployment-sickness
benefits to which (s)he is not entitled; that persons responsible for the
financial affairs of minors or incompetent beneficiaries are misappropriating
benefits; or that a doctor, hospital, or other provider of health care services
is performing unnecessary or inappropriate services or is billing Medicare
for services not received. You may also use the Hot Line to report any
suspected misconduct by a Railroad Retirement Board (RRB) employee.
The Hot Line has been installed by the RRB's lnspector General to receive
any evidence of fraud or abuse of the RRB's benefit programs.
Call (toll-free) 1-800-772-4258. Or you may send your complaints in writing
to the RRB, OIG, Hot Line Officer, 844 North Rush Street, Chicago, Illinois
60611-2092.
Please do not call the lnspector General's Hot Line with questions about
eligibility requirements, delayed claims, or similar problems. Such matters
should be directed to the nearest RRB field office.