RB-19A Booklet; Child's Disability Benefits

CURRENT

For Use With
Form AA-19a

CHILD’S
DISABILITY
BENEFITS

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

Form RB-19a (03-19)

Table of Contents
Page

Part I - General Information

Chapter 1 - Application Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Chapter 2 - Medical Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Chapter 3 - After You Return Your Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Chapter 4 - Periodic Review of Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Chapter 5 - Information and Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Part II - About Your Survivor Disability Annuity
Chapter 6 - Eligibility Requirements for a Disability Annuity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Chapter 7 - When Your Disability Annuity Can Begin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Chapter 8 - How Work Can Affect Your Disability Annuity Payments . . . . . . . . . . . . . . . . . . . . . . 5
Chapter 9 - Felony Conviction Can Affect Your Annuity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Chapter 10 - When Your Disability Annuity Could End . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Part III - Applying For Medicare Before Age 65
Chapter 11 - Types of Medicare Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Chapter 12 - Eligibility Requirements for Medicare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Chapter 13 - When Your Medicare Could End . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Chapter 14 - Enrollment for Medicare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Part IV - Events That Can Affect Your Disability Benefits
Chapter 15 - Events You Must Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chapter 16 - How to Report an Event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Part V - Taxation
Chapter 17 - Taxation of Railroad Retirement Annuities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Part VI - Glossary
Chapter 18 - Special Railroad Retirement Board Terms Defined . . . . . . . . . . . . . . . . . . . . . . . 11

i

Part l - 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.
Children of Deceased Employees
To receive monthly survivor disability annuity payments, Form AA-19a, Application for
Determination of Child Disability, must be filed with form AA-19, Application for Child’s
Annuity, or form AA-18, Application for Mother’s/Father’s and Child’s Annuity.
If you have filed for a disability annuity, you are automatically considered for early
Medicare coverage.
Children of Living Employee Annuitants
As the child of a living employee annuitant, you are not eligible to receive annuity
payments in your own right. However, you may be included in the employee’s annuity
payments under a special guaranty provision, or you may qualify a spouse for an annuity. Form AA-19a, Application for Determination of Child Disability, must be filed to qualify an employee or spouse for these benefits.
If your disability increases the amount of the employee’s annuity payments or if your
disability qualifies a spouse for an annuity, you are automatically considered for early
Medicare coverage. Otherwise, you must file Form AA-19a, Application for Determination
of Child Disability, to receive early Medicare coverage.
Chapter 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
VI, Item 6, for definition). You must provide or tell us about any evidence which may
show that you are disabled.
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 who
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.

1

Part l - General Information
3. We may ask you to be examined at the RRB’s expense if more evidence is
needed to:
l

obtain more detailed or specialized medical findings about your condition, or

l

resolve conflicts or differences in the evidence already in file.

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

Licensed physicians



Licensed osteopaths



Licensed or certified psychologists



Licensed optometrist



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

Other Sources of Information
Sometimes, information from other sources can be important to a decision about your
disability, such as:


school records,



public and private social welfare agencies,



observation 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 will be 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 to 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.
2

Part l - General Information
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:


why you cannot receive disability benefits, and



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 which 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 examination.
Unless you receive a request for additional information, the RRB will notify you of the
decision on your application in five to six months. If you do not hear from us within that
time, contact the nearest RRB office so we can find out what is causing the delay.
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
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 - Information 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 www.rrb.gov or call 877-772-5772.
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. Railroad Retirement Board offices are
open to the public from 9:00 a.m. to 3:30 p.m., Monday, Tuesday, Thursday, and Friday
and from 9:00 a.m. to 12:00 p.m. on Wednesday.

3

Part ll - About Your Survivor Disability Annuity
Chapter 6 - Eligibility Requirements for a Disability Annuity
The special requirements you must meet in order to receive a disability annuity are described
in this chapter.
In addition to meeting the general annuity requirements for a surviving child described in
booklet RB-17, Survivor Annuities, you must:


be at least age 18, and



be permanently disabled for all regular work before age 22.

NOTE: If you previously received a disability annuity, you must be “permanently
disabled” within 84 months (7 years) of your last entitlement to an RRB disability
annuity (see Part VI, Item 6, for definition).
Sometimes a child may file Form AA-19a, Application for Determination of Child’s
disability, between ages16 and 18 to qualify a widow or widower for full mother’s or
father’s annuity payments.
Chapter 7 - 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:


the earliest date permitted by law, or



another date that may be more advantageous to you.

Generally, the earliest date permitted by law is the latest of the following:


The first day of the month in which the employee died.



The first day of the sixth month before the month your application was filed.
(Applications filed before September 1, 1983, had 12 months retroactively.)



The first day of the month you are permanently disabled.



The first day of the month you attain age 18.

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.

4

Part ll - About Your Survivor Disability Annuity
Chapter 8 - How Work Can Affect Your Disability Annuity Payments
If you perform work after your disability annuity begins, full monthly payments will continue
until it is determined that your disability has ended and you are no longer entitled to a
disability annuity. 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 evaluated to see if you are able to “regular work” (see Part VI,
Item 8, for definition). Also any work performed after your disability annuity begins may
raise a question about “medical recovery” (see Part VI, Item 4 for definition) regardless of
the amount of your earnings. If this happens, you will be asked for additional information
about your medical condition and we may request you to be examined.
Chapter 9 - Felony Conviction Can Affect Your Annuity
The amount of your annuity may be affected if you are:


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



imprisoned or confined for conviction of a felony.

See Part VI Items 1 and 2, for definitions of “Confinement” and “Felony.”
Chapter 10 - When Your Disability Annuity Could End
Entitlement to a disability annuity payment ends effective with the earliest of the last day
of the:


month before the month in which your death occurs,



second month after the month in which your disability ends,



month before you marry.

Disability ends if you:


“medically recover” (see Part VI, Item 4, for definition) so that you are able to
work, or



return to work and hold a job whether or not there has been any substantial
improvement in your condition. (See Part VI, Item 10, Trial Work Period.)

5

Part III - Applying for Medicare Before Age 65
Chapter 11 - Types of Medicare Coverage
Medicare is a two-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:


medically necessary doctors’ services,



outpatient hospital services,



outpatient physical therapy and speech pathology services, and



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 before age 22, Medicare coverage
may begin on the first day of the 25th calendar month you meet all of the eligibility
requirements described in Chapter 12.
If you suffer from chronic renal disease, Medicare coverage may begin after a three-month
waiting period. Contact the Social Security Administration for this coverage.
Chapter 12 - Eligibility Requirements for Medicare
To be eligible for Medicare coverage before age 65, you must be:


at least age 18, or



“permanently disabled” for all “substantial gainful work” (see Part VI, Items 6
and 9, for definitions)“ before age 22.

NOTE: If you were previously entitled to Medicare, you must be permanently disabled
before the end of the 84th month (7years) of your last entitlement to an RRB disability
annuity.

6

Part III - Applying for Medicare Before Age 65
In addition, you must meet one of the following requirements:


Receive disabled child annuity payments.



Be eligible to be included in the employee’s annuity payments.



A spouse’s annuity is payable because you are disabled and in the spouse’s care.

Chapter 13 - When Your 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. This is true whether or not you have actually
worked. When this happens, your Medicare coverage ends with the latest of the last day
of the:
 second month after the month in which your “medical recovery” (see Part VI,
Item 4, for definition) occurs,


month after the month in which you were notified in writing that your disability
ended,



month in which your death occurs.

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

24th month after you have completed a “trial work period” (see Part VI, Item
10, for definition) and it is determined you performed “substantial gainful work”
(see Part VI, Item 9 for definition).



month in which your death occurs.

Chapter 14 - Enrollment for Medicare
As soon as you are determined to be eligible for Medicare, and have met the eligibility requirements, 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
(Part B). You will have to pay a monthly premium for Part B. If you receive a benefit payment, the premium will usually be deducted from your monthly payment. If you choose not
to receive Part B coverage, you must notify the Railroad Retirement Board.
7

Part IV - Events That Can Affect Your Disability Benefits
Chapter 15 - Events You Must Report
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 applies
to you.
The events you should report can affect:


the amount of your monthly payment, or



whether you can continue to be paid at all, or



whether your 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:


If you perform any work, including self-employment, regardless how much
you earn.



If your condition improves, or your doctor tells you theat you are able to work.



If you are convicted of a felony.

These events must be reported in addition to any other events you must report described in booklets RB-17, Survivor Annuities, or RB-30, Spouse Annuity.
Chapter 16 - How to Report an Event
If at any time after you have completed your application you find that one of the conditions explained in Chapter 15 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 your wish, you may also call or visit that office.
When you report an event, be sure to include the following:


your railroad retirement claim number, which is shown at the top of your application receipt, and



your name (or the child’s name if you are reporting an event for a child), and



the railroad employee’s name, and

8

Part IV - Events That Can Affect Your Disability Benefits


a clear explanation of what event you are reporting, and



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

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

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, and



how many hours per week you work.

9

Part V - Taxation
Chapter 17 - Taxation of Railroad Retirement Annuities
Railroad retirement, survivor, and disability annuities are subject to United States (U.S.)
Federal income tax. Detailed information concerning the taxation of annuities is available
in Booklet TB-85, Information About the Taxation of Railroad Retirement Annuities. You
can get a copy of Booklet TB-85 from any RRB office.
Under Section 14 of the Railroad Retirement Act, railroad retirement, survivor, and
disability annuities are not taxable for state income tax purposes.
If you want to have taxes withheld from your annuity or want further information regarding tax withholding, you should get Booklet TB-25, Tax Withholding and Railroad Retirement Payments. If you are a U.S. citizen residing outside of the U.S. or a nonresident
alien, you should complete Form RRB-1001, Nonresident Questionnaire, to claim a tax
treaty exemption that may result in reducing tax withholding or no tax withholding.
For assistance with your tax inquiries, or to request RRB forms and publications,
contact:


your nearest RRB field office (if you reside inside the U.S.) or



a U.S. consulate/embassy (if you reside outside the U.S.).

If you have questions about how to figure your taxable payments or what amounts
to show on your income tax return, contact your own tax preparer or the Internal
Revenue Service.

10

Part VI - Glossary
Chapter 18 - Special Railroad Retirement Board Terms Defined
The following are definitions of certain terms used throughout the 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.

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.

3.

Imprisonment - See Confinement.

4.

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 or substantial gainful work. Also see Regular
Work and Substantial Gainful Work.

5.

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.

6.

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.

11

Part VI - Glossary
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;



understanding, carrying out, and remembering simple instructions;



using judgment;



responding appropriately to supervision, co-workers, and usual work situations;



dealing with changes in the work setting.

You will 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.
7.

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 which 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.

8.

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 evaluating 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.

9.

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 nine months (not necessarily consecutive). In some
cases, the trial 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

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 with impaired vision or hearing. 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 within 90 days in writing with the Director of Administration, Railroad Retirement
Board, 844 North Rush Street, Chicago, Illinois, 60611-1275. Questions about individual
rights under this regulation may be directed to the RRB’s Director of Equal Opportunity at the
same address.

Fraud, Waste, and Abuse Hotline
The RRB’s Office of Inspector General established its Hotline as a public service. The Hotline
provides individuals with a means to report or discuss any suspected misconduct relating to the
RRB, its programs or employees.
If you believe a doctor, hospital, or other health care provider is billing Medicare for services
not provided or for unnecessary medical procedures or supplies; someone is illegally receiving
RRB benefits; or you wish to report or discuss any other suspected misconduct relating to the
RRB, its programs or employees, please contact the Office of Inspector General at:
Toll-Free Hotline: 1-800-772-4258
U.S. Mail: RRB-OIG Hotline Officer
844 North Rush Street
Chicago, Illinois 60611-1275
Fax: (312) 751-4342
Email: [email protected]
Please review the RRB’s email notice and Internet privacy policy at www.rrb.gov before
submitting information online.
Note: Please do not contact the Office of Inspector General’s Hotline with questions regarding
benefit eligibility requirements, delayed payments or similar problems. These types of matters
should be directed to an RRB office.