20 C.F.R. § 404.1588

Your responsibility to tell us of events that may change your disability status

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(a) Your responsibility to report changes to us. If you are entitled to cash benefits or to a period of disability because you are disabled, you should promptly tell us if—

(1) Your condition improves;

(2) You return to work;

(3) You have a new employer;

(4) You increase the amount of your work; or

(5) Your earnings increase.

(b) Effect of authorizing us to obtain your information from payroll data providers. (1) We will reduce your reporting responsibilities as described in paragraphs (a)(4) and (5) of this section if we have your authorization to obtain wage and employment information from a payroll data provider (see § 404.703), and we receive your wage and employment information from your employer(s) through a participating payroll data provider (see § 404.702). You will not be subject to a penalty described in § 404.459 related to any wage and employment information we receive from a payroll data provider.

(2) We will notify you in writing whenever there is a change in your reporting responsibilities relating to the authorization described in § 404.703. You are always required to submit any changes described in paragraphs (a)(1) through (3) of this section.

(3) When your reporting requirements will change—

(i) If we have your authorization to obtain wage and employment information from a payroll data provider (see § 404.703), and we receive your wage and employment information from your employer through a participating payroll data provider, you will not have to report an increase in the amount of work for that employer or an increase in earnings from that employer.

(ii) If we have your authorization to obtain wage and employment information from a payroll data provider (see § 404.703), but we do not receive your wage and employment information from your employer through a participating payroll data provider, we will not reduce your reporting responsibilities.

(iii) If we have your authorization to obtain wage and employment information from a payroll data provider (see § 404.703) and you have more than one employer:

(A) You do not need to report an increase in the amount of work or an increase in earnings for an employer if we receive your wage and employment information for that employer through a participating payroll data provider; and

(B) You must still report an increase in the amount of work or an increase in earnings for an employer if we do not receive your wage and employment information for that employer through a participating payroll data provider.

(4) You may revoke your authorization at any time, but you must do so in writing. We will apply the revocation to all pending or approved disability claims under this title, as well as all pending or approved claims under title XVI, from the time we process your revocation. If you revoke your authorization, all your reporting responsibilities will resume, and you will again be subject to all related penalties. We will notify you in writing of these changes.

(c) Our responsibility when you report your work to us. When you or your representative report changes in your work activity to us under paragraphs (a)(2) through (5) of this section, we will issue a receipt to you or your representative.

[89 FR 107259, Dec. 31, 2024]

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1982–2023 · leading case: Michelle Valent v. Comm'r of Soc. Sec., 918 F.3d 516 (6th Cir. 2019).

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Michelle Valent v. Comm'r of Soc. Sec., 918 F.3d 516 (6th Cir. 2019). · cites it 4× “” And 20 C.F.R. § 404.1588 (a) requires recipients of Social Security disability benefits to tell the Administration if they “return to work,” if they “increase the amount of [their work,]” or if their “earnings increase.”

Cappetta v. Comm'r of Soc. Sec. Admin., 904 F.3d 158 (2d Cir. 2018). · cites it 2× “Thus, requiring SSDI recipients to report all work activity, as the SSA does, see 20 C.F.R. § 404.1588 , helps to ensure an efficiently-administered program and to prevent fraud.”

In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Sec'y of Health & Human Servs., 674 F.2d 1201 (7th Cir. 1982). “Neavear failed to report this activity to the SSA as required by 20 C.F.R. § 404.1588 (1981), and he and his family continued to receive disability benefits until they were terminated by the SSA in August of 1978.”

Equal Emp. Opportunity Comm'n v. Greater Baltimore Med. Ctr., Inc., 477 F. App'x 68 (4th Cir. 2012). · cites it 3× “3d at 672; 20 C.F.R. § 404.1588 (a) (2012). And the record shows that Dr.”

James C. Dugan v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 957 F.2d 1384 (7th Cir. 1992). “20 C.F.R. § 404.1588 (b), (d). The Secretary’s regulations state that “similar fault” exists when a claimant “makes an incorrect or incomplete statement .”

Gerald Fitschen v. Kilolo Kijakazi, 86 F.4th 797 (7th Cir. 2023). “20 C.F.R. § 404.1588 (a). It’s undisputed that Fitschen was overpaid in the amount of $50,289.”

United States v. Jody Smith, Sr., 456 F. App'x 200 (4th Cir. 2011). “Finally, Smith fails to cite any authority, and we could find none, suggesting that a recipient of disability insurance benefits is not required to notify the SSA under 20 C.F.R. § 404.1588 during a trial work period if his condition improves, he returns to work, or he increases…”

George R. WEAKLEY, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 795 F.2d 64 (10th Cir. 1986). “See generally 20 C.F.R. §§ 404.1588 -.1599 (1985) (regulations for terminating disability benefits).”

Egan v. Craig, 967 S.W.2d 120 (Mo. Ct. App. 1998). “20 CFR section 404.1588. Plaintiff stated in his deposition he did in fact contact the SSA about his desire to return to work, and he acknowledged he was still receiving benefits.”

Lincoln v. Momentum Sys. Ltd., 86 F. Supp. 2d 421 (D.N.J. 2000). “at 105); 20 C.F.R. 404.1588. Hence, if plaintiff was really ready to perform the essential functions of his job in January 1998 or even in the Spring of 1998, the Court wonders why he continued to pursue and accept SSDI and Principal disability benefits into 1999.”

Robbins v. Barnhart, 205 F. Supp. 2d 1189 (D. Kan. 2002). “20 C.F.R. §§ 404.1588 — 404.1599. In accordance with the Act, the regulations provide for termination of benefits if there has been medical improvement in the recipient’s impairment(s) that relates to the recipient’s ability to work, and if the recipient is now able to engage in…”

Michelle Valent v. Comm'r of Soc. Sec. (6th Cir. 2019). · cites it 2× “” And 20 C.F.R. § 404.1588 (a) requires recipients of Social Security disability benefits to tell the Administration if they “return to work,” if they “increase the amount of [their work,]” or if their “earnings increase.”

Show all 14 citing cases →

— 20 C.F.R. § 404.1588(a) — 2 cases

Michelle Valent v. Comm'r of Soc. Sec., 918 F.3d 516 (6th Cir. 2019). “” And 20 C.F.R. § 404.1588 (a) requires recipients of Social Security disability benefits to tell the Administration if they “return to work,” if they “increase the amount of [their work,]” or if their “earnings increase.”

Michelle Valent v. Comm'r of Soc. Sec. (6th Cir. 2019). “” And 20 C.F.R. § 404.1588 (a) requires recipients of Social Security disability benefits to tell the Administration if they “return to work,” if they “increase the amount of [their work,]” or if their “earnings increase.”

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