RB-17b Booklet; Widow(ers) Disability Benefits

For Use With
Form AA-17b

WIDOW(ER)'S
DISABILITY
BENEFITS

United States of America
Railroad Retirement Board
Visit our Web site at www.rrb.gov

Form RB-17b (03-09)

Table of Contents
___________________________________________________________________

Page
Part I – General Information
Section 1 – Application Forms
Section 2 – Medical Evidence
Section 3 – After You Return Your Application
Section 4 – Periodic Review of Disability
Section 5 – Information and Assistance

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1
3
3
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Part II – About Your Disability Annuity
Section 6 – Eligibility Requirements for a Disability Annuity
Section 7 – When Your Disability Annuity Can Begin
Section 8 – How Work Can Affect Your Disability Annuity Payments
Section 9 – Conviction for a Criminal Offense Can Affect Your Annuity
Section 10 – When Your Disability Annuity Could End

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4
5
6
6

Part III – Applying for Early Medicare Coverage
Section 11 – Types of Medicare Coverage
Section 12 – Eligibility Requirements for Early Medicare
Section 13 – When Your Early Medicare Can Begin
Section 14 – When Your Early Medicare Could End
Section 15 – Enrollment for Medicare

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7
8
8
8

Part IV – Events That Can Affect Your Disability Benefits
Section 16 – Events You Must Report
Section 17 – How to Report an Event

9
9

Part V – Glossary
Section 18 – Special Railroad Retirement Board Terms Defined

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Part I – General Information
___________________________________________________________________
Section 1 – Application Forms
To receive the disability benefits described in this booklet, you must file an
application form. This section will explain the forms you need for the disability benefit
for which you are filing.
Disability Annuity
To receive monthly disability annuity payments, Form AA-17b, Application for
Determination of Widow(er)’s Disability, must be filed along with Form AA-17,
Application for Widow(er)’s Annuity. Form G-251, Vocational Report, is also
required if you have ever worked.
If you have filed for a disability annuity, you are automatically considered for early
Medicare.
Early Medicare Coverage
If you already receive a monthly railroad retirement annuity payment, you may file
Form AA-17b for early Medicare coverage. Normally, you would do this if:

you are disabled and applied for, or are already receiving, regular monthly
annuity payments based on age or caring for a child of the employee, or
you receive monthly disability annuity payments but you did not previously
qualify for early Medicare coverage when your annuity began.

See Part III for more information on early Medicare coverage.
Section 2 – Medical Evidence
When you apply for any type of disability benefit, it is your responsibility to prove to
the Railroad Retirement Board (RRB) that you are permanently disabled (see Part V,
Item 5, for the definition of permanently disabled). You must provide or tell us about
any evidence which may show that you are disabled.
How to Furnish Evidence
You may furnish medical evidence in 3 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
who knows you best.
2. We will ask you to sign an authorization to release to the RRB any hospital,
clinic, or employer records about your condition.
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Part I – General Information
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3. We may ask you to be examined at the RRB’s expense if more evidence is
needed to:

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 some of the acceptable sources of medical evidence.

Licensed physicians

Licensed osteopaths

Licensed or certified psychologists

Licensed optometrists

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

Other Sources of Information
Sometimes other sources can provide information important to making a decision
about your ability to work, such as:

public and private social welfare agencies;
other practitioners (for example, naturopaths, chiropractors, audiologists,
etc.); or
non-medical observations (for example, from a vocational consultant).

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 will be made as quickly as possible and be based on
the best information available.
If you fail to submit medical evidence that is needed and requested, a decision will
be made based on the evidence available.

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Part I – General Information
___________________________________________________________________
If you fail or refuse without good cause to report for an examination scheduled and
paid for by the RRB, it may be decided that you are not disabled.
Section 3 – After You Return Your Application
After the RRB receives your completed application and all the needed evidence, we
will decide if you are entitled to disability benefits.
If we decide you cannot receive disability benefits, the RRB will send you a notice
explaining why we made that decision and what you can do if you disagree with our
decision.
If you can receive disability benefits, you will receive a notice that shows the amount
of your monthly payments and other information about your benefits.
Sometimes we cannot make a decision on your application without additional
information. If this is the case, you will be contacted by an RRB representative by
telephone or mail. You may be asked to send us additional forms, proofs, or
statements that are needed. You may also be asked to report for a medical
examination.
Unless you receive a request for additional information, we will notify you of our
decision about your application in 4 months or less. If you do not hear from us within
that time, contact the nearest RRB office.
Section 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 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.
Section 5 – Information and Assistance
Any time you need information and assistance, you may contact the nearest office of
the RRB. In addition to the personal attention you will receive , special booklets and
printed material are available. To locate the nearest RRB office, visit our Web site at
www.rrb.gov or call 877-772-5772.

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Part II – About Your Disability Annuity
___________________________________________________________________
Section 6 – 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 booklet 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.
Section 7 – 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.
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Part II – About Your Disability Annuity
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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.

Section 8 – 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.

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Part II – About Your Disability Annuity
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Section 9 – 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.
Section 10 – 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).

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Part III – Applying for Early Medicare Coverage
___________________________________________________________________
Section 11 – Types of Medicare Coverage
This part provides general information about early Medicare coverage. For a more
complete explanation of the Medicare program, please refer to booklet RB-20,
Medicare for Railroad Workers and Their Families.
Medicare is the Federal health insurance program for people age 65 or older and
certain disabled people. One part of Medicare (Part A) provides hospital insurance
benefits. Another part (Part B) provides supplementary medical insurance.
Hospital insurance helps pay for:

Inpatient hospital care

Inpatient care in a skilled nursing facility

Home health care and hospice care

Supplementary medical insurance helps pay for:

Doctor’s services

Outpatient hospital services

Durable medical equipment

A number of other medical services and supplies that are not covered by
hospital insurance

Section 12 – Eligibility Requirements for Early Medicare
To be eligible for Medicare coverage before age 65, a disabled widow(er) annuitant
must:

be at least age 50, and
permanently disabled before the end of the prescribed period (see Part V,
Item 6, for the definition of prescribed period).

An individual with permanent kidney failure (chronic renal disease) is eligible at any
age. However, the Social Security Administration must be contacted for this
coverage.
There are also special rules that apply for an individual diagnosed with Amyotrophic
Lateral Sclerosis (ALS or Lou Gehrig’s Disease).
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Part III – Applying for Early Medicare Coverage
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Section 13 – When Your Early Medicare Can Begin
Your Medicare coverage will begin on the later of:

the first day of the 25th month you are entitled to receive annuity payments,
or
the first day of the 30th calendar month after your disability began.

Section 14 – 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, your Medicare coverage will end (see Part V, Item 3, for the definition of
medical recovery). This is true whether or not you have actually worked. When this
happens, your early Medicare coverage ends with the later of:

the last day of the 2nd month after the month in which medical recovery
occurs, or
the last day of the month after the month in which you were notified in writing
that your disability ended.

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:

the last day of the 90th month after it is determined you performed regular
work (see Part V, Item 7, for the definition of regular work), or
the last day of the month in which death occurs.

Section 15 – Enrollment for 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 supplemental 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 payments. If you
choose not to receive Part B coverage, you must notify the Railroad Retirement
Board.

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Part IV – Events That Can Affect Your Disability Benefits
___________________________________________________________________
Section 16 – Events You Must Report
This section describes the different events that may 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:

the amount of your monthly payment; or

the total amount that can be paid to you during the year; or

whether you can continue to be paid at all; or

whether your 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:


If you work for any employer, railroad or nonrailroad, or perform any selfemployment work.

If your condition improves, or your doctor tells you that you are able to work.
If you are confined in a jail, prison, or other penal institution or correctional
facility due to a conviction for a criminal offense.

These events must be reported in addition to any other events you must report
described in booklet RB-17, Survivor Annuities.
Section 17 – How to Report an Event
If, at any time after you have completed your application, you find that one of the
conditions explained in this booklet applies to you, you should immediately notify the
RRB in writing. The notice should be sent to the RRB 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 in your letter:

Your railroad retirement claim number shown at the top of your application
receipt.

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Part IV – Events That Can Affect Your Disability Benefits
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Your name (or the widow(er)’s name if you are reporting an event for her or
him).

The railroad employee’s name.

A clear explanation of the event you are reporting.

The exact date (month, day, year) the event occurred.

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

The kind of work you are doing.

The name and address of your employer.

How much you expect to earn each month.

The period of time you expect to work.

How many hours per week you work.

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Part V – Glossary
___________________________________________________________________
Section 18 – Special Railroad Retirement Board Terms Defined
The following are definitions of certain terms used throughout this booklet.
1. Confinement – To be imprisoned or under a sentence of confinement means
confinement to a jail, prison or other penal institution or correctional facility. This
includes any facility which 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 half-way houses which 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.

2. Imprisonment – See Item 1, Confinement.
3. Medical Recovery – A person has medically recovered from a disability if, based
on medical evidence or demonstration by the individual, it is determined that the
individual is able to return to regular work or work in the individual’s regular
occupation or in a similar occupation.
Also see Item 7, Regular Work.
4. 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 at least 12 months, or is expected to result in death.
5. Permanently Disabled – To be permanently disabled, you must have a
permanent medical condition that prevents you from working (see Item 4,
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.
You are considered unable to work if your condition prevents you from
performing basic work activities. These activities are those physical and/or
mental abilities and aptitudes required to do most jobs, such as:

walking, standing, sitting, lifting, pulling, pushing, reaching, carrying or
handling;
seeing, hearing, and speaking
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Part V – Glossary
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understanding, carrying out and remembering simple instructions;

using judgment;

responding appropriately to supervision, co-workers, and usual work
situations; and
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 Railroad Retirement Board (RRB).
6. Prescribed Period – The prescribed period restricts the period of time a
widow(er) may be eligible for disability benefits.
The period begins with the later of:

the month the employee died; or
the last month the widow(er) was entitled to annuity payments based on
disability; or
the last month the widow(er) was entitled to annuity payments based on
caring for a child of the employee.

The period ends with the earlier of:

the month before the month the widow(er) attains age 60, or
the close of the 84th month (7 years) following the month in which the
period began.

7. Regular Work – Regular work means the regular performance, in the usual and
customary manner, of the substantial and material duties of any regular and
gainful employment, which is substantial and not trifling, with any employer.
8. Trial Work Period – If you work after your disability benefits begin, you may
receive a trial work period during which you may test your ability to work without
penalty. A trial work period may last 9 months (not necessarily consecutive).
The trial work period can be extended in some cases. After the trial work period,
we will decide whether you are still disabled.

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Part V – Glossary
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You may not qualify for a trial work period if you have medically recovered (also
see Item 3, 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.

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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 hearingimpaired. Disabled persons needing assistance (including auxiliary aids or
program information in accessible formats) should contact the nearest RRB
office. Complaints of alleged discrimination by the RRB on the basis of disability
must be filed in writing within 90 days 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.

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 Inspector 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 Railroad Retirement Board, OIG, Hot Line Officer, 844 North Rush Street,
Chicago, Illinois 60611-2092.
Please do not call the Hot Line with questions about eligibility requirements,
delayed claims, or similar problems. Such matters should be directed to the
nearest RRB field office.