FOM1 410 

410.5 General 

This chapter contains specific information regarding disabled widow(er)'s insurance 

annuities (DWIA). General information applicable to ALL types of widow(er) annuities, 

such as the definition of a legal widow(er), de facto widow(er), surviving divorced 

spouse or remarried widow(er) can be found in FOM-I-405. Therefore, various sections 

of this chapter are cross-referenced to the more detailed information in FOM-I-405. 

410.10 Eligibility and Entitlement Requirements 

410.10.1 Eligibility Requirements 

In addition to being the widow(er), the surviving divorced spouse or remarried widow(er) 

of a deceased employee who died completely insured for survivor benefits under the 

l974 Act (see FOM1 230.15), an applicant must meet the following requirements. 

A. Age - The widow(er), including a surviving divorced spouse or remarried 

widow(er), must have attained age 50 but not have attained age 60. However, a 

widow(er) who has already attained age 60 can qualify for a DWIA for the months 

she is under age 60 in the retroactive period. (Refer to FOM1 405.10.1 for age 

attainment concept.) 

NOTE: When a widow(er) who would not currently be entitled to an employee 

restored amount is within a few months of attaining age 60 when (s)he can 

qualify for a DWIA, the widow(er) has the option of filing for a WIA at age 60 and 

for early Medicare or filing for a DWIA to begin before age 60. Since the age 

reduction amount on a legal or de facto widow(er)'s annuity based on age is 

substantially less than the age reduction on the annuity based on disability, the 

widow(er) may want to wait and file as an aged widow(er) to take advantage of a 

higher annuity rate. Advise the widow(er) that if she files for the WIA and early 

Medicare and is rated disabled, Medicare coverage will not begin until 24 months 

after the WIA beginning date. 

B. Marriage - The widow(er) must meet the marriage requirements for an aged WIA 

as explained in FOM-I-405.5 

C. Disability - To satisfy the disability requirement, the widow(er) must have a 

permanent physical or mental impairment or condition that begins before the end 

of the "prescribed period" and is such as to be disabling for work in any 

substantial gainful employment. DSUBD will release an RL-121f (Disability 

Allowance Notice) in all initial disability allowances. Please see DCM 11 RL-121f 

Disability Allowance Notice for additional information about this letter. 

1. A permanent impairment or condition is one that: 

a. Can be expected to result in death; or 

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FOM1 410 

b. Has lasted at least 12 months; or 

c. Can be expected to last for a continuous period of not less than 12 

months. 

NOTE: In order to qualify for Medicare and for SSEB tax status, the impairment 

must meet SSA’s criteria. While a survivor may become entitled to a disability 

annuity under the Railroad Retirement Act based solely on drug or alcohol 

addiction, such cases do not meet SSA’s criteria. Therefore, in such cases, if the 

application was filed January 1, 2008 or later, the widow would not be entitled to 

early Medicare or SSEB status. For a more detailed explanation, see DCM 4.8.4 

2. Determining "Prescribed Period" of Disability Onset - In order for a 

disabled widow(er) to qualify for a DWIA, the disability must have begun 

before the end of the "prescribed period." 

a. When Period Begins - The widow(er)'s prescribed period of 

disability onset begins with the latest of the following: 

	 The month the employee died; or 

	 The last month of entitlement to a WCIA based on the same 

employee's earnings record; or 

	 The last month of previous entitlement to a DWIA based on the 

same employee's earnings record. 

b. When Period Ends - The widow(er)'s prescribed period of disability 

ends with the earliest of the following: 

	 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. 

EXAMPLE 1: The employee died 8-14-74 when the widow was 51 

years old. The prescribed period begins 8-1974 (the month the 

employee died) and ends 8-31-81 (the close of the 84th month 

following the month the period began). She qualifies if her disability 

began any time before 9-1-81. She need not have had to apply for 

the disability annuity before the end of the prescribed period. 

EXAMPLE 2: The widow, age 40, became entitled to a WCIA when 

the employee died in 3-1972. Her last child attained age 18 in 7-

1980. Her prescribed period begins 6-1980 (the last month of 

entitlement to a WCIA) and ends 6-30-87 (the close of the 84th 

month following the month in which the period began). 

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It is not necessary for the precise date of onset to be established in 

many cases involving disabled widow(er)s since the claimant need 

only to have become disabled before the end of the prescribed 

period. However, if the widow(er)'s disability did not begin before 

the end of the prescribed period, (s)he is not eligible for an annuity 

as a disabled widow(er), but (s)he may qualify at age 60 for a 

regular WIA. 

3. Regular employment 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. 

Both medical and non-medical factors are considered in determining 

whether a widow(er) meets the above definition. The disability programs 

section uses the prescribed standards that have been developed for total 

and permanent employee disability determinations. 

D. Waiting Period 

1. Widow(er) - The 1983 Railroad Retirement Act amendments added a 

waiting period requirement for all disabled 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 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: A widow became disabled on 10-1-83. The railroad retirement 

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

2. 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 Social Security Act (SSA). The SSA waiting 

period differs from the railroad retirement waiting period when disability 

begins on the first day of the month. Under the SSA, that first month of 

disability onset is counted in the waiting period; under the RRA, it is not. 

EXAMPLE: A surviving divorced spouse became disabled on 10-1-83. 

The SSA waiting period begins 10-1-83, and ends 2-29-84. 

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

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

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FOM1 410 

	 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 

	 The first day of the 5th month before the month in which the 

prescribed period (explained in preceding section (C2.) began. 

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. 

4. Waiting period not required - A waiting period (both RR and SS 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 84 months of the month the 

previous disability annuity terminated. See FOM-I-410.50. 

This rule applies even when a widow(er) was previously entitled before 9-

1-83, when no waiting period was required. 

If the applicant does not become reentitled within 84 months, the annuity 

may not begin until the end of the waiting period. 

E. One-Half Support - A widower must have been receiving one-half of his support 

from the employee at the time of her death or at the time her retirement annuity 

began for the annuity to begin before 3-1-77; after 3-1-77 a widower does not 

have to prove half-support except for payment of a vested dual benefit or 

employee annuity restored amount. There is no time limit for filing proof of onehalf support. 

F. Living-With - Living-with is required only when the widow(er) is a "deemed" 

widow(er). Refer to FOM-I-405.05.2 and FOM-I- 405.10.1D. 

G. Marital Status - A widow(er) who married after the marriage to the employee 

terminated, and such marriage is subsequently terminated by death or divorce 

may qualify for an annuity beginning October 1, 1981. 

Beginning 1-1-84, a former disabled widow(er) or disabled surviving divorced 

spouse annuitant may be reentitled although she is married. Refer to FOM-I410.10.2 for information regarding the effect of remarriage on a widow(er)'s 

entitlement and eligibility. 

H. SS Entitlement - The entitlement of a surviving divorced spouse or remarried 

widow(er) to any social security benefit which is greater than the employee's 

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death primary insurance amount (PIA), prevents eligibility to a widow(er)'s 

insurance annuity under the RR Act. However, if the social security benefit is 

smaller than the employee's PIA, but larger than the surviving divorced spouse's 

or remarried widow(er)'s age reduced rate, and the possibility of an age 62 or 

FRA adjusted reduction factor (ARF) exists that could increase the annuity rate 

above zero, the surviving divorced spouse or remarried widow(er) will be entitled 

to a zero annuity rate. Headquarters will process a constructive award and enter 

a call-up for the ARF. 

I. Application - In order to establish entitlement to a DWIA, a widow(er) who meets 

the above eligibility requirements must file an annuity application. 

410.10.2 Effect of Remarriage on Entitlement 

A. Remarriage occurs before entitlement to an annuity 

1. Effective 1-1-84 and later. 

A disabled widow(er) or a disabled surviving divorced spouse may qualify 

for an annuity if (s)he remarries: 

a. After age 50 andhis/her disability began prior to the remarriage and 

(s)he met the disability requirements at the time of remarriage; 

b. More than once after the employee's death provided the last 

marriage occurred after (s)he attained age 50 and the disability 

began prior to the remarriage and (s)he met the disability 

requirements at the time of remarriage; or 

c. Before age 50 provided the marriage terminates. (The annuity 

cannot begin until the marriage terminates.) 

2. Before 1-1-84. 

A disabled widow(er) or a disabled surviving divorced spouse could qualify 

for an annuity if (s)he remarried only if the marriage terminated. 

B. Remarriage occurs after entitlement to an annuity 

1. Effective 1-1-84 and later. 

A disabled widow(er) or a disabled surviving divorced spouse may 

continue to receive an annuity consisting of only a tier I component if (s)he 

remarries after age 50 and his/her disability began prior to the remarriage 

and (s)he met the disability requirements at the time of remarriage. 

If the disabled widow(er) or a disabled surviving divorced spouse recovers 

and her disability annuity ends before age 60, 

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	 (s)he may be entitled to an annuity at age 60 if (s)he remarried after 

her annuity beginning date. 

	 If (s)he remarried after the disability onset date but before her 

annuity beginning date, (s)he may be entitled to an annuity at age 

60 only if the marriage terminates. 

Note: A new application is required whenever there is a break in 

entitlement. 

2. Before 1-1-84. 

a. If a disabled widow(er) remarried before age 60, the annuity 

terminated unless she married an individual entitled to a 

widow(er)'s, mother's, father's, parent's or disabled child's benefit 

under the RRA or the SSA. 

b. If a disabled surviving divorced spouse remarried at any age, the 

annuity terminated unless she married an individual entitled to a 

widow(er)'s, mother's, father's, parent's or disabled child's benefit 

under the RRA or the SSA. 

c. If the conditions in a. or b. were not met, the annuity terminated. 

(S)he could not become reentitled unless the marriage terminated. 

C. Action required upon notice of a widow(er)'s remarriage – 

	 Use FAST/ST to terminate the annuity of a widow(er). The 

suspension/termination code is 44. 

	 The effective date is the month of remarriage. 

	 Do not terminate a remarried widow(er) or a surviving divorced spouse 

annuity. 

	 After the widow(er)’s annuity has been terminated, send an e-G-115 to 

SBD per current procedure. As a heading use WIDOW TO RW 

CONVERSION - HANDLE IMMEDIATELY

 Refer to FOM1 405.30.3 for additional information about developing when a 

widow(er) has remarried. 

410.15 Amount Of A Disabled Widow(er)'s Insurance Annuity 

This section contains basic information about the components of a disabled widow(er)'s 

insurance annuity. For more detailed information, refer to FOM- I, Article 10, 

Computations. 

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410.15.1 Tier I 

A. Gross tier I - A disabled widow(er)'s tier I before reduction for other benefits is 

computed as follows: 

1. For months after December 1983 a disabled widow(er)'s tier I is equal to 

the lesser of: 

	 100% of the employee's death PIA reduced only for months 

between 60 and 65. No reduction for months under age 60 

regardless of when the annuity began; or 

	 100% share of the maximum family benefit reduced only for 

months between 60 and 65. No reduction for months under age 

60 regardless of when the annuity began. 

EXCEPTION: A disabled surviving divorced spouse always receives 

100% of the employee's death PIA. His/her tier I is reduced only for 

months between 60 and 65. No reduction for months under age 60 

regardless of when the annuity began. 

2. For months before January 1984 a disabled widow(er)'s tier I is equal to 

the lesser of: 

	 100% of the employee's death PIA reduced for all months the 

widow(er) is under FRA when the DWIA initially begins; or 

	 100% share of the maximum family benefit reduced for all months 

the widow(er) is under FRA when the DWIA initially begins. 

EXCEPTION: A disabled surviving divorced spouse always receives 

100% of the employee's death PIA because his/her annuity is not included 

in the family maximum. A disabled surviving divorced spouse's tier I is 

reduced for all months (s)he is under FRA when the DWIA initially begins. 

	 If the disabled widow(er) is entitled to a disability benefit based on 

her own earnings record, (s)he may be entitled to the tier 1 age 

adjusted rate. If this provision applies, only the amount of the 

widow(er)’s tier 1 which exceeds the amount of the disability 

annuity is reduced for early retirement. This provision applies if 

the following conditions are met: 

	 The widow(er)’s annuity is age reduced; and, 

	 The widow(er) is entitled to a disability insurance benefit (DIB) 

under the SS Act and the date of entitlement is the same as, or 

earlier than, the OBD; and, 

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	 The DIB PIA is less than the death PIA (increased for DRC’s) or 

the widow(er)’s share of the maximum, if applicable; and, 

	 The widow(er)’s tier 1 is not reduced by an additional amount (i.e., 

PSP or EE tier 1) which, when added to the SS DIB, exceeds the 

death PIA; and, 

	 The OBD is 1/1978 or later 

B. Tier I benefit reductions - The tier I is reduced for all of the following: 

	 The amount of any SS benefit to which the disabled widow(er) is entitled. 

	 The net tier I amount of any RR retirement annuity to which the disabled 

widow(er) is entitled if the reduction for the employee tier I is first applied 

on an award with a final voucher date of 10-1-88 or later, or the case is 

reopened 10-1-88 or later. 

	 The tier I amount before age reduction of any RR retirement annuity the 

disabled widow(er) is entitled to through 9-30-88, and the net tier I of any 

RR retirement annuity the disabled widow(er) is entitled to 10-1-88 or 

later, if the reduction for the employee tier I is first applied on an award 

vouchered prior to 10-1-88. 

	 The amount of any public service pension payable to: 

1. Non-dependent disabled widowers who filed for an annuity after 11-

30-77. 

2. Non-dependent disabled widows who become eligible for a public 

service pension after 11-30-82. 

3. Non-dependent disabled surviving divorced wives married to the 

employee for at least 20 years who become eligible for a public 

service pension after 11-30-82. 

4. Non-dependent disabled surviving divorced spouses married to an 

employee less than 20 years and all non-dependent surviving 

divorced husbands regardless of when they become eligible for the 

public service pension. 

5. Non-dependent disabled remarried widow(er)s who becomes 

eligible for a public service pension after 11-30-82. 

6. Dependent disabled widow(er)s who becomes eligible for a public 

service pension after 6-30-83. 

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FOM1 410 

7. Dependent disabled remarried widow(er)s who becomes eligible for 

a public service pension after 6-30-83. 

8. Dependent disabled surviving divorced spouses who become 

eligible for a public service pension after 6-30-83. 

Note: For months prior to 12-1-82, the tier I of a dependent surviving 

divorced wife who was married to the employee for less than 20 years and 

any surviving divorced husband is subject to reduction for a public service 

pension. However, beginning 12-1-82 any reduction is removed providing 

the survivor submits proof of dependency. 

The tier I of annuitants subject to a PSP reduction is reduced by 100% of 

the PSP if they first became eligible for the PSP before 7-1-83. That 

reduction was changed to 66 2/3% of the PSP, effective 12-1-84. 

Annuitants who became eligible for a PSP 7-1-83 or later are subject to a 

tier I reduction of 66 2/3% of the PSP. 

Refer to FOM-I-405.35 or FOM-I-120.40 for additional information on 

public service pension reduction. 

410.15.2 Tier II 

Only a disabled widow(er) is entitled to a tier II. Remarried widow(er)s or surviving 

divorced spouses are not eligible for a tier II. Once a legal or de facto widow(er) has 

remarried (s)he is no longer eligible for a tier II regardless whether the marriage 

subsequently terminates. 

EXCEPTION: If a widow(er) remarries and the marriage is subsequently annulled, a tier 

II may be payable if the marriage was void or voidable, and where applicable, no 

alimony has been awarded. 

A disabled widow(er)'s tier II is equal to 30% of the widow(er)'s tier I amount after 

reduction for age and public service pension when the annuity is awarded before 10-1-

86 and the employee died or retired before 10-1-81. In all other cases the tier II is equal 

to 50% of the employee annuity tier II amount computed as of the DWIA beginning date. 

When the DWIA tier II is based on the employee annuity tier II, a reduction for age 

similar to that made in tier I is required. 

A disabled widow(er) who is eligible for a tier II may receive an additional amount in tier 

II when a spouse minimum guarantee applies or when the disabled widow(er) is entitled 

to an RR annuity based on her own work and qualifies for an employee restored 

amount. 

Effective February 1, 2002, a disabled widow(er) who is paid under the 1981 

Amendments may receive an additional tier II amount called the “Widow(er)’s Initial 

Minimum Amount”, (WIMA). The WIMA guaranty provides that the widow(er)’s annuity 

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FOM1 410 

will be calculated using 100 percent of the tier II that would have been used to compute 

the annuity for the deceased employee on the survivor OBD. 

410.15.3 Vested Dual Benefit 

Only an unremarried widow(er) can be entitled to a vested dual benefit (VDB). 

Remarried widow(er)s or surviving divorced spouses are not eligible for a VDB. Once a 

legal or de facto widow(er) remarries (s)he no longer can qualify for a VDB regardless of 

whether the marriage subsequently terminates. 

EXCEPTION: If a widow(er) remarries and the marriage is subsequently annulled, a 

VDB may again be payable. 

The VDB is basically a guarantee for certain widow(er)s meeting the requirements listed 

in FOM-I-405.75. It guarantees that the DWIA will not be reduced below the rate that 

would have been paid if the 1974 Railroad Retirement Act (RRA) was not enacted. No 

new VDBs can be awarded for a disabled widow(er) after August 12, 1981, because of 

the 1981 amendments to the RRA. 

410.20 Evidence And Development 

410.20.1 Evidence Requirements 

Evidence When Required 

Application Obtain Form AA-17 except when WCIA is being 

converted to DWIA and there is continuous 

entitlement; in this situation, only a Form AA-l7b is 

required. 

Application for Determination of 

Widow(er) Disability (Form AA17b) 

Always. 

Medical evidence Always. 

Widow(er)'s SS account number Always. Request widow(er to secure one unless 

she resides outside the U.S. 

Vocational Report (Form G-251) Always. 

Proof of employee's death Always. 

Proof of widow(er)'s Age. Always. 

Proof of marriage to employee Always. 

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Prior service (Form AA-15) Only when less than 120 months of subsequent 

service can be verified. 

Proof of one-half support (Form 

G-134) 

Required from a widower when dependency is 

claimed and widower is eligible, or may be eligible 

in the future, for an employee annuity. Also 

required to prove dependency for exemption from 

public service pension reduction. 

Application for substitution When a representative payee is to of payee (Form 

AA-5) be selected. 

Widow(er)'s employment history Always. 

Proof of employee's age In “A” cases POA is required only if the employee's 

DOB has not been previously verified 

Effective 03-01-2004 POA of deceased employee 

is required in all “D” cases when a survivor 

recurring application is filed. 

Proof of termination of prior 

marriage 

If there is reasonable doubt about whether a prior 

marriage of either widow(er) or employee was 

ended. 

Proof of child's legal adoption Only when widow(er) seeks to meet marriage 

requirement on that basis. 

Proof of guardianship If the guardian or other legal representative is 

selected as representative payee. 

Proof of military service Only when the employee's M/S after 1936 would 

be creditable under either the Railroad Retirement 

Act or the Social Security Act. 

Public service pension Required when indicated by response information 

(Form G-208) on Form AA-17. Also secure when 

a disabled widow(er) annuitant becomes entitled to 

a remarried widow(er)'s annuity with no break in 

entitlement, unless the widow(er) has been 

continuously entitled to an annuity based on the 

employee's record since before 12-1-77. 

Proof of divorce from employee Always from a surviving divorced spouse. 

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Proof of remarriage(s) Always from: 

 Widow(er) who remarries after attaining age 

60. 

 Surviving divorced spouse when annuity is 

not terminated by remarriage. 

 Beginning 1-1-84, a disabled widow(er) or a 

disabled surviving divorced spouse who is 

eligible for an annuity after remarriage. 

Proof of termination of Widow(er) who remarries before age 60. 

subsequent marriages 

Surviving divorced spouse for entitlement or 

reentitlement. Beginning 1-1-84, however, only 

required for initial entitlement. 

Check list (Form G-659a) Always. Forward original to HQ; retain copy for 

field office file. 

410.20.2 Development of Medical Evidence 

A. From applicant sources (refer to Article 13); 

1. Request the widow(er) to secure completed Form G-250 from her 

personal physician. 

2. Secure hospital records, if applicable. 

3. Develop onset date if earliest date widow(er) can qualify for the DWIA 

(i.e., month widow(er) attains age 50) is after the end of the prescribed 

period. 

B. If adequate evidence cannot be obtained from applicant sources, and applicant's 

disability is based on an obvious condition, describe the condition in the remarks 

section of the disability application. Do not schedule a physical examination 

unless other than obvious disabling conditions are present. 

C. If medical evidence from the above sources is not adequate or available, 

schedule appropriate medical examination as indicated in FOM-I, Article 13. 

410.20.3 Developing From a Disabled Widow(er) Who Has Remarried 

Certain disabled widow(er)s can qualify for an annuity after remarriage. 

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FOM1 410 

Refer to FOM1 410.10.2 for instructions on development action needed when a 

disabled widow(er) or disabled surviving divorced spouse remarries. 

Refer to FOM1 405.30.3 for instructions on development action needed when a 

widow(er) remarries. 

410.25 Annuity Beginning Date 

The beginning date of a disabled widow(er) annuity (DWIA) is explained in 

FOM-I-111.20 FOM-I-111.51 and FOM-I-112.9.5. 

410.30 Annuity Conversions Involving Disabled Widow(er)s 

410.30.1 WCIA Converts to DWIA 

A WCIA may be converted to a DWIA on the first day of the month the widow(er) age 

50-59 meets all the following conditions: 

	 Is disabled within the meaning of the Railroad Retirement ct; and 

	 Files an application Form AA-17b; and 

	 Ceases to qualify for a WCIA because a minor or disabled child is no longer in 

the widow(er)'s care; and 

	 A surviving divorced wife must have been married to the employee for at least 10 

years. 

410.30.2 Widow(er) Files AA-17b While Entitled to WCIA 

A disabled widow(er)'s annuity application (Form AA-17b), filed while a widow(er) is 

entitled to a WCIA, is used for establishing Medicare eligibility based on disability. A 

WCIA will continue to be paid even if the widow(er) is disabled, as long as a minor or 

disabled child is in the widow(er)'s care and the WCIA rate is higher. If the disabled 

widow(er) is under age 60 when entitlement to a WCIA terminates, the widow(er) will 

need to submit a signed statement advising whether (s)he wishes to receive a reduced 

annuity. When a widow(er) advises that (s)he does not wish to receive a reduced 

annuity, the disability Medicare eligibility will terminate if (s)he is not in receipt of an 

annuity. A DWIA cannot be paid before the signed statement is secured. Headquarters 

will advise when the statement is necessary. 

410.35 Work Restrictions 

410.35.1 Widow(er) Under Age 60 

The annual earnings test does not apply to a disabled widow(er) under age 60. 

However, any work performed before age 60 must be considered in determining 

whether the widow(er) has recovered from the disability. The work and earnings may 

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FOM1 410 

demonstrate that the widow(er) is able to perform regular and gainful employment and, 

therefore, is no longer disabled for purposes of receiving an annuity and/or Medicare. 

Work for an RR employer during any month, of course, precludes payment of the 

annuity for that month. 

As soon as the widow(er) reports that (s)he is working, refer the case to headquarters 

for a determination of whether (s)he has recovered from the disability on which the 

DWIA and/or Medicare is based. Furnish headquarters with pertinent information 

regarding the type of work and the numbers of hours per day the widow(er) works. 

410.35.2 Widow(er) Age 60 and Over 

A widow or widower who was receiving an annuity based on disability prior to age 60 

will continue to receive an annuity after age 60 but the annuity will have been 

transformed into an age annuity. Therefore, regular survivor earnings restrictions apply 

beginning with the month the widow(er) attains age 60 and ending with the month 

before attainment of the exempt age. 

Exception: A disabled surviving divorced spouse or a disabled remarried widow(er) is 

not subject to the annual earnings test until FRA. However, like a disabled widow(er) 

under age 60 any work must be considered in determining whether (s)he has recovered 

from disability. 

Refer to Article 11 for more specific earnings restriction information. Work for an RR 

employer during any month precludes payment of the annuity for that month. 

Beginning with 1975, all earnings in the year of attainment of age 60 are considered in 

determining excess earnings for that year. 

If the widow(er) indicates that (s)he was told by the RRB that the annual earnings test 

would not apply until FRA, advise Headquarters. 

NOTE: Work or earnings anytime before a widow(er) attains FRA may affect 

entitlement to Medicare based on disability. Consequently, as soon as a disabled 

widow(er) who is under FRA reports that s(he) is working, refer the case to 

Headquarters for a determination of whether the widow(er) has recovered from the 

disability on which Medicare is based. 

410.40 Disabled Widow(er) Previously Awarded LSDP or RLS 

410.40.1 LSDP Previously Awarded 

If a widow(er) receives the LSDP and later files for a DWIA which starts in the 12-month 

period beginning with the month of death, the LSDP award is considered erroneous if 

the widow(er) is rated disabled as of the sixth month prior to the month of the 

employee's death. The LSDP is payable if the DWIA cannot begin in the month of the 

employee's death solely because the 5-month waiting period has not expired. For 

DWIA applications filed before 9-1-83, the LSDP is considered erroneous if the DWIA 

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begins in the 12-month period beginning with the month of death and the widow(er) is 

rated disabled as of the month of the employee's death. 

If the LSDP is considered erroneous, it is recovered from the DWIA award. However, a 

deferred LSDP can be considered if the DWIA payments made for the year after the 

employee's death are less than the regular LSDP amount. 

An LSDP award is not considered erroneous if a widow(er) becomes disabled in a 

month after the employee's death or when the DWIA begins more than a year after the 

employee's death. 

If the widow(er) claims (s)he became disabled after the month of the employee's death, 

we presume that (s)he was not disabled at an earlier date, unless the medical evidence 

clearly shows that (s)he was. When the M/E does show that (s)he was disabled in or 

before the month of the employee's death, instead of the month (s)he claimed, a 

decision on whether the LSDP was erroneous will be made in Headquarters based on 

the individual facts. 

410.40.2 RLS Previously Awarded 

If the widow(er) previously elected and was paid the RLS, (s)he cannot receive a DWIA. 

However, if (s)he previously received the RLS because (s)he could not qualify for an 

annuity (e.g., not 'living-with" prior to 11-1-66, or remarried widow prior to October 1, 

1981), (s)he may be eligible for a DWIA. If (s)he is now eligible, the DWIA will be 

awarded but any part of the RLS paid to the disabled widow(er) will have to be 

recovered. If the RLS was awarded to someone other than the widow(er), and no 

election was filed by the widow(er), a DWIA can be paid and no part of the RLS will be 

recovered. 

410.45 When Entitlement To A DWIA Ends 

A DWIA terminates with the month before the month in which: 

 The disabled widow(er) dies. 

 The disabled widow(er) remarries. 

EXCEPTION: Before 1-1-84, if a widow(er) marries an individual entitled to benefits 

under the RR or Social Security Act as a widow(er), mother, father, parent or disabled 

child, the DWIA tier I may continue but (s)he must submit proof of remarriage and the 

new spouse's SS number and RR or SS claim number. If the surviving divorced spouse 

marries a disabled child beneficiary, the DWIA terminates the same month the child's 

disability benefit terminates, unless the disabled child dies or becomes entitled to a 

retirement benefit at FRA. Refer to FOM-I-410.20.3 for additional information on 

development when widow remarries. 

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If a disabled widow(er) or a disabled surviving divorced spouse annuitant marries any 

individual 1-1-84 or later, she may qualify as a remarried widow(er). 

	 Attains age 60. Technically, a DWIA terminates when the widow(er) attains age 

60; however, no change is made in the computation of the widow(er)'s annuity. 

	 A DWIA terminates with the second month following the month in which recovery 

from the disability occurs. The RRB may decide that a widow(er) has recovered 

from disability on the basis of work ability or because of actual medical recovery. 

However, the annuity continues if (s)he attains age 60 on or before the last day 

of the third month following the month in which (s)he ceased to be disabled. 

NOTE: Medicare eligibility for a widow(er) who has been determined to have recovered 

from disability (due to work), may continue for 24 months after the DWIA terminates 

providing the widow(er) has not medically recovered from her disability. 

	 The disabled remarried widow(er) or disabled surviving divorced spouse 

becomes entitled to an RIB which equals or exceeds the deceased employee's 

PIA. 

410.50 Reentitlement After Former Disability Ceases 

A widow(er) may be reentitled to a DWIA if (s)he again becomes disabled after the 

former DWIA terminated and (s)he meets the entitlement requirements listed below. 

410.50.1 Requirements for Reentitlement 

Such a widow(er), if (s)he is otherwise qualified, can become reentitled if (s)he: 

A. Files a new application for a DWIA; and 

B. Has not attained age 60; and 

C. Is under a disability that began before the end of the "prescribed period" which 

begins with the last month of previous entitlement to a DWIA and ends with the 

earliest of the following: 

	 The month before the month in which (s)he attains age 60; or 

	 The close of the 84th month following the last month of previous 

entitlement to the former DWIA. 

410.50.2 Date Payment Can Begin 

The current DWIA is payable beginning on the first day of the month in which (s)he is 

again under a disability or the first day of the 12th month before the month the 

application is filed, whichever is later. A waiting period is not required if the 

requirements for reentitlement are met. 

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410.50.3 Age Reduction Amount 

Although payment of the current DWIA is restricted to the dates mentioned above, the 

annuity beginning date remains the same as when the widow(er) initially was entitled to 

a DWIA. The age reduction is figured based on the initial DWIA beginning date and is 

not adjusted until the widow(er) attains age 62. If the initial DWIA beginning date and 

termination date were before 1-1-84, the widow(er) is deemed to be age 60 on the later 

of 1-1-84 or the date of reentitlement. When the widow(er) attains age 62 the reduction 

will be adjusted to remove the reduction for the intervening months in which a DWIA 

was not paid. 

410.55 Handling Previously Denied Cases 

Any inquiry, protest or additional medical evidence should be forwarded to 

Headquarters. The denial will be reconsidered. 

A. Reconsideration finds that applicant is still not disabled. A letter will be released 

to the widow(er) from Headquarters advising that the appeal period is 60 days 

from the date of the reconsideration decision notice. 

B. Reconsideration finds applicant to be disabled. A new application is required 

only if: 

	 The applicant is found to be disabled from a date after the date of the 

denial letter; or 

	 The evidence or correspondence that caused the reconsideration was 

received 60 days or more after the denial notice. 

410.60 Vested Dual Benefit Entitlement 

Vested Dual benefit entitlement for a disabled widow(er) is the same as for an aged 

widow. Refer to FOM-I-405.75. 

410.65 When Entitlement To A Vested Dual Benefit Ends 

The terminating events for vested dual benefit (VDB) benefit entitlement described in 

FOM-I-405.80 also apply to disabled widow(er)s. In addition, a disabled widow(er)'s 

VDB entitlement ends with the earlier of the termination of the SS DIB or RR DWIA. 

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