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Special Railroad Retirement Board Terms Defined
The following are definitions of certain terms used throughout this booklet.
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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.
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Imprisonment – See
Item 1, Confinement.
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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.
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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.
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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;
- 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).
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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.
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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.
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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.
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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