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1305.5 Introduction

Earlier articles of FOM, Part I, delineated the eligibility requirements for benefits under 

the Railroad Retirement Act (RRA). In most types of benefits, one requirement which 

may qualify an applicant is disability. The purpose of this article is to describe the 

disability requirement, to provide instruction to field offices in developing disability 

claims and to describe continuance of disability.

The basic provisions of law for disability benefits for railroad workers and their families 

are contained in the RRA as follows:

• Disabled Employee - Sections 2(a)(1)(iv) and (v);

• Disabled Widow(er) - Section 2(d)(1)(i);

• Disabled Child - Section 2(d)(1)(iii);

• Disabled Surviving

• Divorced Wife - Section 2(d)(1)(v);

• Disabled Remarried Widow - Section 2(e)(l)(v).

1305.10 Occupational Disability Defined

An occupational disability is the inability to perform the duties of the regular occupation

due to permanent physical or mental condition. Only the railroad employee can be 

considered for this type of disability (see FOM-I-310.5.1).

1305.10.1 Regular Railroad Occupation

An employee's regular railroad occupation is that railroad occupation in which he has 

been engaged in service for hire:

• In more calendar months than the calendar months in which he or she has been 

engaged in service for hire in any other occupation during the last preceding five 

calendar years, whether consecutive or not; OR

• In not less than one-half of all the months in which he or she has been engaged in 

service for hire during the last preceding 15 consecutive calendar years.

If an employee last worked as an officer or employee of a railway labor organization and 

if continuance in such employment is no longer available to him or her, the regular 

occupation shall be the position to which the employee holds seniority rights or which he 

or she left to work for a labor organization (See DCM 3.2.3).
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For the above discussion, railroad occupation means an occupation that exists in the 

railroad industry. It also includes occupations or comparable occupations in other 

industries with similar duties and requirements. Other occupation means any 

occupation in any industry or business.

EXAMPLE: An employee leaves his position of conductor after 20 years to work fulltime for the United Transportation Union as General Chairman. If he files for 

occupational disability, his regular occupation will be considered to be conductor.

It is also possible for an employee to work in self-employment and retain their current 

connection. In some instances a significant lapse of time may expire between when the 

employee last worked for the railroad and when the employee files for an application for 

a disability annuity. In cases such as these disability claims examiners are to consider 

the occupation the employee has been engaged in railroad service for hire in more 

calendar months than he has been engaged in service for hire in any other occupation 

during the last preceding five calendar years, as their regular railroad occupation. 

Disability claims examiners are to use the information provided on the G-251, 

Vocational Report, the G-251a, Job Information Report, - Job Description, and the G251b, Job Information Report – General in determining the job duties performed. 

For example, an employee works in the CSX railroad as a conductor from 1968 through 

July 1984. He then works as a locomotive engineer from August 1984 through July 

1990. In August 1990, he then starts his own business. In January 2006, this 

employee files a disability application with the RRB. It is determined that the work done 

for this business is self-employment and allows the employee to keep his current 

connection. Based on the information provided, the employee’s regular railroad 

occupation would be a locomotive engineer. 

NOTE: It is also possible for an employee to work in government service and retain 

their current connection. If an examiner receives a case (current connection 

due to government service) in which a significant lapse of time occurs between 

when the employee last worked for the railroad and when the employee files an 

application for a disability annuity, forward the case to Policy and Systems –

RAC for a determination of the regular railroad occupation.

1305.10.2 Effect of Medical Disqualification by Employer

A. Disqualified by railroad employer - Information from the employer concerning the 

claimant's ability to perform the duties of the regular railroad occupation should 

be reviewed. If the employee is not allowed by his/her railroad employer to 

continue working in his/her regular railroad occupation, the disability claims 

examiner will consider the claimant disabled based on the G-3EMP and evidence 

in the file. If the employee claims disqualification by his employer, obtain 

evidence of the disqualification as prescribed in FOM-I-1325.10.3.
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B. Not disqualified by railroad employer - If the employee has not been medically 

disqualified by his railroad employer for service in his regular railroad occupation, 

the RRA provides that the RRB shall determine if the employee is disabled for 

work in his regular railroad occupation.

1305.15 Total And Permanent Disability Defined

A total and permanent disability is the inability to engage in any regular employment due 

to permanent physical or mental condition. A determination of total and permanent 

disability is required to entitle an employee not eligible for occupational disability, as well 

as a widow(er), remarried widow(er), surviving divorced wife and a child to a disability 

benefit.

1305.15.1 Regular Employment

Regular employment means the regular performance of the substantial and material 

duties of any substantial and gainful employment in the usual and customary manner 

with any employer.

1305.15.2 Permanent Physical or Mental Condition

A physical or mental impairment that can be expected to either result in death or last for 

at least 12 consecutive months.

A. Determination that a Condition Exists - The Disability Programs Section of the 

Bureau of Retirement Claims determines if a condition exists and when it 

prevents the performance of work. Except as provided in FOM-I-1305.45.1, the 

reason for the existence of the condition is not considered.

B. Permanence of Condition - The condition must be expected to result in death or 

last at least a year. There are some conditions that can be expected to improve 

at some point in the future. However, this does not prevent a disability from 

being established. It can cause benefits to be terminated at that future time. 

Also, some conditions can, by prescribed treatment, be controlled to a level 

which would no longer prevent the performance of regular employment. Failure 

by the disabled person to obtain that treatment will not prevent the payment of an 

annuity, although it is considered for freeze termination purposes.

1305.20 Disability Freeze/Period Of Disability

While only the establishment of an occupational or total and permanent disability is 

necessary to pay an employee annuity under the RRA, additional benefits may result 

from the establishment of a period of disability or, as it is more commonly called, a 

disability freeze (DF). Provisions for the DF and for the additional benefits are based in 

the SS Act; therefore the requirements of that act must be met. Note that while an 

annuity under the RRA can be granted based solely on alcohol or drug addiction,

without other medical impairments, that type of claim would be denied under the SS Act. 
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Therefore, effective with applications filed January 1, 2008 or later, even if the employee 

were receiving a total and permanent disability annuity, he would not be entitled to a 

DF. For a more detailed explanation, see DCM 4.8.4.

All employee applicants are considered for a disability freeze, regardless of whether 

total and permanent disability is alleged. An age and service employee applicant who 

claims to be totally and permanently disabled should consider filing a separate 

application for a "freeze only" determination (see FOM-I-1310.10).

However, the annuitant has the right to request that a disability freeze not be granted. 

This could occur for a number of reasons (e.g. employee and spouse would get better 

coverage under private insurance than under Medicare.) In such cases, obtain a signed 

statement from the employee that all of the advantages of the freeze (Medicare, O/M, 

possible tier 1 increase, tax advantage, possible survivor benefit increase) have been 

explained to him and that he still does not want to be rated for a disability freeze. 

Submit the statement to DBD with the application materials.

1305.20.1 Requirements

In order for a disability freeze to be granted, a disability requirement and an earnings 

requirement must be met.

A. Disability Requirement - The applicant must either be rated totally and 

permanently disabled as defined in FOM-I-1305.15, or be at least age 55 and 

unable, because of blindness, to perform substantial gainful employment 

previously performed with regularity over a period of time.

B. Earnings Requirement - This requirement differs depending upon the age of the 

employee at the time of disability onset. It need not be met by a blind person age 

55 or older.

1. Disability began after age 30 - To be insured for a disability annuity, the 

applicant must have earned sufficient railroad retirement and/or social 

security credits that when combined would provide a fully insured status 

under the Social Security Act, AND must have earned credit in 20 

calendar quarters of railroad or social security work during the 40 calendar 

quarter period ending in or after the quarter in which total and permanent 

disability began.

2. Disability began between ages of 24 and 31 - The employee must have 

earned railroad or social security work credits for half of the calendar 

quarters which elapsed between the quarter after age 21 and the quarter 

in which the total and permanent disability began.

Before the l983 SS Act amendments, an employee who was disabled 

before age 31, who recovered and again became disabled after attaining 

age 31, had to meet the fully insured status and 20/40 quarter of coverage 
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requirements. For applications filed after 4-20-83, the requirements for 

disability before age 31 apply if the employee doesn't meet the 20/40 

insured status requirements.

1305.20.2 Advantages of a Disability Freeze

A. Freezes the employee's earnings record - Years between onset of disability and 

normal retirement age will not be used in the computation of the PIAs unless they 

would cause an increase in benefits. This prevents the tier I AIME or AMW from 

being lowered by years of no or low earnings due to the disability. Even if this 

has no effect on the retirement annuity amount, usually the survivor benefit 

amount would be greater than without the freeze.

B. May permit the payment of the overall minimum (O/M) or guaranty provision -

Because the DF is granted under the Social Security Act, the employee's family 

is entitled to receive at least as much in annuities as the family would have 

received in combined benefits under the SS Act. If the total SS benefits would 

have been higher, the employee's annuity will be increased to equal that higher 

amount.

C. May reduce the annuitant's tax liability - To reduce the taxability of tier I benefits, 

an annuitant has to meet the social security eligibility requirements. When a 

disability freeze is granted, all of the tier I is considered to be a social security 

equivalent benefit (SSEB) to be taxed under the more favorable "threshold" rules. 

Without a disability freeze, if the employee is under age 62, the entire tier I is 

considered to be a non-social security equivalent benefit (NSSEB) and taxed as 

a private pension.

D. May allow early Medicare coverage - Medicare coverage can begin in the later of 

the 30th month following onset of disability or the 25th month after disability 

benefits began to accrue. See FOM-I, Article 8 for more details.

E. May allow early payment of a vested dual benefit - If the employee also meets 

the earnings requirement using social security wages only, a DF rating will permit 

the payment of the vested dual benefit beginning with the later of the month 

disability benefits begin to accrue or 5 months after onset of disability.

1305.20.3 Authority to Make Disability Freeze Determinations

Amendments to the RR Act in 1958 gave the RRB legislative authority to independently 

determine and establish a DF for railroad employees who file appropriate applications. 

There are certain cases that are decided jointly with the Social Security Administration 

(SSA) in order to protect railroad employees and their families against any adverse 

effect caused by different decisions by the two agencies, and to avoid possible 

administrative problems for the agencies caused by uncoordinated decisions. A DF 

decision cannot be made until after 5 months after onset of disability, even though the 

DF may be effective retroactively to onset.
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A. Joint freeze decisions - Joint freeze decisions are provided for in an agreement 

between the RRB and SSA. A joint decision is made when current or future 

social security benefits may be paid based on the railroad employee's record 

(i.e., insured or possible insured status, no current connection), and in cases 

involved in the financial interchange sample.

An RRB disability claims examiner makes an initial freeze decision based on 

RRB-developed medical evidence. The disability representative from SSA 

reviews for concurrence only decisions by the RRB to grant or deny a DF. 

Attempts are made to resolve disagreements; however, there are a few cases in 

which concurrence is not reached. In these cases the RRB will still award all 

benefits attendant to a DF (see FOM-I-1305.20.2) except early payment of the 

vested dual benefit.

In some joint freeze decision cases, the RRB releases notices to the employee 

annuitant from both the RRB and SSA; in others, separate notices are released 

by the respective agencies.

B. Single freeze decisions - Single freeze decisions are made solely by the RRB in 

cases not requiring a joint decision with SSA. Whenever possible, the disability 

claims examiner will decide on the DF at the same time he is deciding on the 

disability for annuity purposes. Otherwise a decision on the annuity is made and 

the DF decision is deferred until after the annuity has been paid.

Single freeze decision notices are sent from the RRB only.

1305.20.4 Length of a Disability Freeze (Period of Disability)

A. Beginning date for DF - A period of disability can begin effective with the date 

that both the earnings requirement and disability requirements are met. Also a 

period of disability cannot begin after attainment of age 65.

B. Ending date for DF - A period of disability ends on the earliest of:

• Death of the railroad employee;

• Last day of the month preceding the month of attainment of age 65;

• Last day of the second month after the month in which disability ceases.

1305.25 Medical Recovery Defined

Cases referred to the disability rating unit because of work activity or alleged recovery 

by the annuitant will have a continuance of disability determination made. Based on 

evidence in file and/or requested by the disability claims examiner, a determination may 

be made that the annuitant no longer meets the disability requirement for an annuity, a 

DF or both.
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1305.30 Nonmedical Factors Defined

The RRB will obtain and consider all evidence (medical and non-medical) that relates to 

an applicant’s disability claim. Non-medical factors are items which are not purely 

medical in nature, but which can assist in the determination as to whether a physical or 

mental condition exists and if it prevents the performance of work. Examples of nonmedical factors are: job duties, personal observations of the applicant, changes in nonwork activities, applicant's description of how the condition has affected him, work 

experience, educational achievement, special training, etc. Vocational (Non-medical) 

factors are presented on Form G-251 for employees and widow(er)s. Other pertinent 

non-medical observations that could assist in the disability determination may have 

been noticed by the Field representative. The personal observations of the Field 

representative, if any, will be considered with other non-medical factors. (See FOM 

1315.5 and DCM 5.1.7).

1305.35 Medical Evidence

1305.35.1 Definition

Medical evidence consists of such items of a clinical nature as reports of medical 

examination, X-ray or laboratory tests; hospital records; psychiatric or psychological 

tests; personal physician records; etc. (See FOM1 1325.10)

Note: In order to have complete and accurate case records to make disability 

determination decisions, the RRB will obtain and consider all evidence that may or may 

not support the applicant’s claimed impairment(s).

1305.35.2 Acceptable Medical Sources

• Licensed doctors of medicine;

• Licensed doctors of osteopathy;

• Licensed optometrists for the measurement of visual acuity and visual fields (a 

report from a licensed doctor of medicine or licensed doctor of osteopathy may be 

needed to determine other aspects of eye diseases);

• Licensed or certified clinical psychologists;

• Photocopies of hospital or clinical records, or reports of same signed by a medical 

records librarian;

• Employer medical records;

• Social Security Administration (SSA) medical records;
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• Worker's compensation, Office of Personnel Management or other government 

agency medical records.

A disability rating must be based upon medical evidence from or attributable to 

acceptable medical sources. Disability Benefits Division (DBD) claims examiners must

also give due consideration to all reports from or attributable to those who are not 

considered acceptable medical sources in all disability ratings because those reports 

can provide an understanding how an impairment affects the ability to work. However, 

those reports can only be used to support medical evidence from or attributable to an 

acceptable source. Accordingly, field offices should continue to attempt to develop for 

and submit in a timely manner evidence from any medical source, even if it is from a 

source not listed above, if the claimant or annuitant wishes for that evidence to be 

considered. However, if the only medical-related evidence in the RRB claims file is 

from or attributable to a source which is not an “acceptable” medical source, the medical 

portion of a disability rating cannot be based upon that evidence.

In the unlikely situation that the only medical-related evidence is from or attributable to a 

source which is not “acceptable,” DBD claims examiners will order a consultative 

examination or send an E-mail request to the servicing field office to further develop 

medical evidence from an “acceptable” source which was not listed in the application (or 

in the situation of a continuing disability review, Form G-254) but is shown in the 

evidence as treating the claimant or annuitant.

Field office personnel are advised to make no judgment as to the acceptability of the 

medical source. Submit all obtained reports of medical treatment regarding any initial 

disability claim for benefits or continuing disability review to DBD in a timely manner

1305.35.3 Medical Examination

A medical examination should include the following:

• Medical History - the applicant's statement regarding his disability;

• Physical Examination - the examining physician's findings when conducting the 

examination;

• Diagnostic Impression - the examining physician's diagnosis after conducting the 

examination.

1305.35.4 Hospital or Clinical Records

Ideally, hospital or clinical records should consist of history obtained upon admission, 

initial impression, results of laboratory tests and x-rays, description and results of any 

surgery performed, final diagnosis and condition upon discharge. Discharge summaries 

alone are of little use in determining disability.
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1305.35.5 Personal Physician Records

Information from the records of the personal physician is usually presented on Form G250, Report of Physical Condition, although photocopies of the physician's records or a 

narrative report are acceptable provided they show history, diagnosis, laboratory and 

clinical findings, treatment and response to treatment.

NOTE: Physician reports must be signed and dated to be acceptable.

1305.35.6 Electronic Medical Evidence

Due to advancements in technology many medical record copying services as well as 

individual physicians no longer provide their medical records in paper form. Rather the 

medical records are being transmitted in an electronic medium. The most common 

method of electronic transmission is done by CD.

Field office personnel are to forward the electronic medical evidence to headquarters. 

They should include with the electronic submission a note explaining from whom the 

records were received. It is not necessary for the field to make a paper copy of these 

records. 

When forwarding to headquarters, the CD should be shipped in a secure manner such 

as registered mail or a private courier with tracking capabilities such as Federal 

Express.

1305.40 Waiting Period For Benefits

1305.40.1 Benefits Under the RRA

The 1983 RR Act amendments added a waiting period requirement for all disabled 

employees and legal or de facto widow(er)s, who file an application 9-1-83 or later. The 

annuity may not begin until the railroad retirement disability waiting period has expired. 

The waiting period for an employee or a legal or de facto widow(er) begins the first day 

of the month after the month in which disability began, and continues for 5 calendar 

months. If the disability began the first day of the month, the waiting period still begins 

the first day of the following month.

EXAMPLE: An employee became disabled on 11-1-83. The railroad retirement waiting 

period begins 12-1-83, and ends 4-30-84.

NOTE: The 5-month waiting period is not affected by an employee being carried on the 

railroad payroll (e.g., settlement, pay for time lost, etc.). Therefore, if the disability 

waiting period begins 6-1-91 (due to a disability onset date of 5-16-91), it would end 10-

31-91 regardless of how long the employee is being carried on the payroll. However, if 

the employee is carried on the payroll past the end of the disability waiting period, the 

employee's ABD could be affected since the annuity cannot begin while the employee is 

carried on the railroad payroll.
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A. Waiting period for surviving divorced spouse or remarried widow(er) - The waiting 

period requirement has always applied to disabled surviving divorced spouses 

and remarried widow(er)s. These applicants must meet the waiting period 

requirement as defined in the SS Act. The SS Act waiting period differs from the 

railroad retirement waiting period when disability begins on the first day of the 

month. Under the SS Act, that first month of disability onset is counted in the 

waiting period; under the RR Act, it is not.

EXAMPLE: A surviving divorced spouse became disabled on 11-1-83. The SS 

Act waiting period begins 11-1-83 and ends 3-31-84.

B. Benefits that do NOT require a waiting period - Benefits to which a disabled child 

is entitled are not subject to a waiting period. This is true whether the child is an 

annuitant or included as part of the family group for the O/M computation.

C. Beginning date of waiting period - The waiting period (both RR and SS 

provisions) can begin no earlier than the later of the following dates:

1. The first day of the 17th month before the month in which the application 

is filed. This allows for the 5-month waiting period and the 12-month 

application retroactivity; or

2. In a survivor case, the first day of the fifth month before the month in 

which the prescribed period began (see FOM-I-4l0.10).

Months before the employee's death, months before the disabled 

widow(er) attains age 50, or months before the termination of a previous 

mother's or father's annuity, may be included in the waiting period if the 

applicant was disabled in those months and the disability was continuous.

Therefore, a DWIA may begin at age 50, or in the month of the employee's 

death, if the applicant became disabled more than 5 months prior to that 

month.

D. Waiting period not required - A waiting period (both RR and SS Act provisions) 

may not be required when an applicant becomes disabled again after a previous 

disability annuity termination. A waiting period is not required if the applicant 

becomes disabled again within:

1. For an employee, 60 months of the month the previous disability annuity 

terminated;

2. For a survivor, 84 months of the month the previous disability annuity 

terminated. Also see FOM-I-410.50.

This rule applies even when a disabled annuitant was previously entitled before 

9-1-83, when no waiting period was required.
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If the applicant does not become reentitled within either 60 or 84 months, as 

applicable, the annuity may not begin until the end of the waiting period.

1305.40.2 Benefits Provided by RRB Under the SS Act

Certain benefits provided to railroad annuitants are founded in the SS Act (require a 

DF); that act requires a 5-month waiting period. Prior to 1973, the waiting period was 6 

months. Since these benefits are based on SS Act rules, the 5-month waiting period 

under that act is in effect. The SS Act waiting period differs from the RR Act waiting 

period when the disability begins on the first day of the month. Under the SS Act, that 

first month of disability onset is counted in the waiting period; under the RR Act it is not.

A. Benefits that require a 5-month waiting period

1. Disabled employee annuitant:

• Benefits under the Overall Minimum (O/M) Guaranty;

• Early vested dual benefit based on DF;

• Early Medicare coverage (coverage begins with the 25th month after 

the end of the waiting period).

2. Disabled widow(er) annuitant - Early Medicare coverage (coverage begins 

with the 25th month after the end of the waiting period).

B. Benefits that do NOT require a 5-month waiting period - Benefits to which a 

disabled child is entitled are not subject to a waiting period. This is true whether 

the child is an annuitant or included as part of the family group for the O/M 

computation. Early Medicare coverage begins with the 25th month after the date 

of entitlement.

C. Annuitant had a previous DF - If the annuitant had a previous DF that ended not 

more than 5 years before the current DF began, a new waiting period is not 

required.

1305.45 Effect Of Felony Conviction On Disability Benefits

1305.45.1 Effect on Definition of Disability

For the purposes of determining if a person is disabled to the extent required for a 

disability freeze (DF), the following items cannot be considered if the applicant has been 

convicted of a felony which was committed after October 19, l980:

A. A physical or mental impairment which began in connection with the commission 

of the felony;
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B. The extent to which an existing impairment grew worse in connection with the 

commission of the felony;

C. A physical or mental impairment which began while confined to a penal institution 

or correctional facility for conviction of a felony; this limitation applies only to 

benefits payable while the person is confined;

D. The extent to which an impairment grew worse as a result of confinement in a 

penal institution or correctional facility for conviction of a felony; this limitation 

also applies only to benefits payable while the person is confined.

The above exclusions apply only to benefits for employees, disabled surviving divorced 

spouses and disabled remarried widow(er)s which are based on SS Act provisions. No 

effect on pure Railroad Retirement Act benefits has been determined.

The disability application Forms AA-1d, AA-17b and AA-19a ask if the applicant was 

convicted of a felony which was committed after October l9, 1980. If that item is 

answered "Yes," determine if commission of the felony had any relation to the 

employee's disability. Submit a brief memorandum outlining the facts, including the 

date of the felony, the date of conviction, the date and place of confinement, the 

prisoner's identification number and if he is in a vocational rehabilitation program.

1305.45.2 Effect on Payment of Disability Benefits

Tier 1 benefits are converted to all NSSEB effective with the month (including any part 

of the month) the beneficiary has been convicted of a criminal offense and is confined in 

an institution at public expense for more than 30 continuous days or is one of the 

categories of individuals as defined in FOM1 150. See FOM1 150 for additional 

instructions on handling criminal activity cases.

1305.50 Variable Dropout Years

The 1980 amendments to the Social Security Act changed the rules for computing the 

tier I PIA on which the disability annuity is based. Usually, the change in computation 

yields a higher benefit rate.

1305.50.1 Based on Age

Effective for initial entitlements of July 1, 1980 (regardless of the DF onset date), the 

number of dropout years (years of lowest earnings eliminated from the PIA 

computation) in the PIA computation depends upon the age of the employee at the time 

of the disability onset.

Worker's Age Dropout Years

Under 27 0
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27-31 1

32-36 2

37-41 3

42-46 4

47 and over 5

Neither the beneficiary nor the field office needs to take any special action to entitle the 

employee to this more advantageous computation.

1305.50.2 Based on Child in Care

Effective July 1, 1981, a worker who was (a) under 37 in the earlier of the year of his 

disability ABD or disability onset, (b) was not employed in any computational year after 

l950 and during that year was living in the same household with his or his spouse's child 

who was less than 3 years old, (c) has a disability ABD of 7-1-80 or later, or a DF date 

of 2-1-80 or later, and (d) had 2 or fewer dropout years, will get an additional dropout 

year for each such year, provided that the total number of dropout years does not 

exceed 3.

Initially, the district office does not need to take any special action. The AA-l asks a 

disability applicant if a child under age 3 lived with him after l950. Headquarters will 

review these disability claims to determine if the age and the dropout years make the 

applicant potentially entitled to this special provision. At that point, the module will send 

an assignment to the servicing field office to develop for proof of child in care for the 

specific year(s) in question.

1305.55 Applicant Is Incompetent Or Incapable Of Filing

In the absence of evidence to the contrary, presume that the applicant is competent. 

However, if there is an indication that the applicant is incompetent, follow the guidelines 

in FOM-I-1415 regarding investigation of competency and selection of a representative 

payee.

1305.55.1 Applicant Is Incompetent

If an applicant is determined to be incompetent, have the representative payee furnish 

the information for, and sign his own name on the application for benefits and other 

forms. It is also the representative payee's responsibility to furnish the required 

evidence. The benefit application and supporting evidence should be accompanied by 

the required application and documentation to act as representative payee called for in 

Article 14.
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1305.55.2 Applicant Is Incapable

When the applicant is mentally competent to manage his affairs, but physically unable 

to sign his name, he usually would not require a representative payee. He can furnish 

the information for the application and other forms, and may sign by mark with two 

witnesses. The person's hand may be guided in making his mark.

Checks may be endorsed using the same procedure, but direct deposit may be a better 

alternative.

1305.60 Tracing On Disability Applications

It is important to consider the specific case factors as well as any available information, 

when responding to an inquiry on the status of a disability application. The Field 

Service response and decision whether to trace with DBD should depend upon the case 

and the information available.

The RRB customer service standard provides that an applicant for a disability annuity 

will receive a decision on that application within 105 days of the application filing date. 

Some cases, such as occupational disabilities, generally require a shorter processing 

time. Others, such as an application for a total and permanent disability or an 

application from a disabled child or widow may require a longer processing time, for 

instance, because of a lack of available medical evidence. Other factors affecting the 

time required to adjudicate an application may include the need to schedule medical 

examinations, or a delay in reply to a request for medical evidence.

In determining when to trace with DBD, field staff should consider the tracing schedule, 

the circumstances of the case, and any other information available. Regardless of 

these factors, however, field offices should not hesitate to trace with DBD on any case, 

especially where a dire need, terminally ill (TERI), or Compassionate Allowance (CAL)

case is involved. (See FOM1 135.15 for field office tracing guidelines.) Before 

contacting DBD, field personnel should access some of the on-line systems available to 

them. (See FOM1 135.10)

REQUEST will show whether the case has been rated for disability and if so, whether it 

was an allowance or denial. REQUEST will also show the pay status of the claim. If 

the case is not rated, checking AFCS may provide an idea as to what action is being 

taken. For example a case on an examiner’s desk or in dormant would be an indicator 

as to whether it was being actively worked on or awaiting additional information. Please 

note it is important to check REQUEST before AFCS, since in most instances DBD will 

not send the folder to RBD for payment. The case may still be in DBD and have been 

rated for the initial disability and still being worked on for the disability freeze.