For Use With

Form AA-17b

WIDOW(ER)’S

DISABILITY

BENEFITS

 United States of America

 Railroad Retirement Board

 Visit our Web site at www.rrb.gov

Form RB-17b (03-19)
Table of Contents

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Page

Part I – General Information

Section 1 – Application Forms 1

Section 2 – Medical Evidence 1

Section 3 – After You Return Your Application 3

Section 4 – Periodic Review of Disability 3

Section 5 – Information and Assistance 3

Part II – About Your Disability Annuity

Section 6 – Eligibility Requirements for a Disability Annuity 4

Section 7 – When Your Disability Annuity Can Begin 4

Section 8 – How Work Can Affect Your Disability Annuity Payments 5

Section 9 – Conviction for a Criminal Offense Can Affect Your Annuity 6

Section 10 – When Your Disability Annuity Could End 6

Part III – Applying for Early Medicare Coverage

Section 11 – Types of Medicare Coverage 7

Section 12 – Eligibility Requirements for Early Medicare 7

Section 13 – When Your Early Medicare Can Begin 8

Section 14 – When Your Early Medicare Could End 8

Section 15 – Enrollment for Medicare 8

Part IV – Events That Can Affect Your Disability Benefits

Section 16 – Events You Must Report 9

Section 17 – How to Report an Event 9

Part V – Glossary

Section 18 – Special Railroad Retirement Board Terms Defined 11

i
Part I – General Information

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Section 1 – Application Forms

To receive the disability benefits described in this booklet, you must file an

application form. This section will explain the forms you need for the disability benefit

for which you are filing.

Disability Annuity

To receive monthly disability annuity payments, Form AA-17b, Application for

Determination of Widow(er)’s Disability, must be filed along with Form AA-17,

Application for Widow(er)’s Annuity. Form G-251, Vocational Report, is also

required if you have ever worked.

If you have filed for a disability annuity, you are automatically considered for early

Medicare.

Early Medicare Coverage

If you already receive a monthly railroad retirement annuity payment, you may file

Form AA-17b for early Medicare coverage. Normally, you would do this if:

  you are disabled and applied for, or are already receiving, regular monthly

 annuity payments based on age or caring for a child of the employee, or

  you receive monthly disability annuity payments but you did not previously

 qualify for early Medicare coverage when your annuity began.

See Part III for more information on early Medicare coverage.

Section 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 V,

Item 5, for the definition of permanently disabled). You must provide or tell us about

any evidence which may show that you are disabled.

How to Furnish Evidence

You may furnish medical evidence in 3 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 records about your condition.

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Part I – General Information

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 3. We may ask you to be examined at the RRB’s expense if more evidence is

 needed to:

  obtain more detailed or specialized medical findings about your

 condition, or

  resolve conflicts or differences in the evidence already in file.

Acceptable Sources of Medical Evidence

The following are some of the acceptable sources of medical evidence.

  Licensed physicians

  Licensed osteopaths

  Licensed or certified psychologists

  Licensed optometrists

  Persons authorized to send copies or summaries of the medical records of

 hospitals, clinics, sanitariums, medical institutions or health care facilities

Other Sources of Information

Sometimes other sources can provide information important to making a decision

about your ability to work, such as:

  public and private social welfare agencies;

  other practitioners (for example, naturopaths, chiropractors, audiologists,

 etc.); or

  non-medical observations (for example, from a vocational consultant).

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 made as quickly as possible and be based on

the best information available.

If you fail to submit medical evidence that is needed and requested, a decision will

be made based on the evidence available.

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Part I – General Information

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If you fail or refuse without good cause to report for an examination scheduled and

paid for by the RRB, it may be decided that you are not disabled.

Section 3 – After You Return Your Application

After the RRB receives your completed application and all the needed evidence, we

will decide if you are entitled to disability benefits.

If we decide you cannot receive disability benefits, the RRB will send you a notice

explaining why we made that decision and what you can do if you disagree with our

decision.

If you can receive disability benefits, you will receive a notice that shows the amount

of your monthly payments and other information about your benefits.

Sometimes we cannot make a decision on your application without additional

information. If this is the case, you will be contacted by an RRB representative by

telephone or mail. You may be asked to send us 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, we will notify you of our

decision about your application in 4 months or less. If you do not hear from us within

that time, contact the nearest RRB office.

Section 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.

Section 5 – Information and Assistance

Any time you need information and assistance, you may contact the nearest office of

the RRB. In addition to the personal attention you will receive, special booklets and

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 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.

 

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Part II – About Your Disability Annuity

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Section 6 – Eligibility Requirements for a Disability Annuity

This section describes the special requirements you must meet in order to receive a

disability annuity.

In addition to meeting the general annuity requirements described in booklet RB-17,

Survivor Annuities, you must be:

  at least age 50, but less than age 60, and

  permanently disabled for all regular work before the end of your prescribed

 period (see Part V for the definitions of regular work and prescribed period).

Note: If you are age 60 or older, you may be entitled to a regular widow(er)’s

annuity.

Section 7 – When Your Disability Annuity Can Begin

You may select the date you wish your disability annuity payments to begin.

The date you select can be either:

  the earliest date permitted by law, or

 another date that may be more advantageous to you.

General Rule

Generally, the earliest annuity beginning date permitted by law is the later of:

  the first day of the month in which the employee died; or

  the first day of the 12th month before the month in which the Railroad

 Retirement Board (RRB) received your annuity application; or

  the first day of the month you attain age 50; or

  the first day of the month you are no longer entitled to annuity payments

 based on caring for a child of the employee; or

 the first day of the month following the disability waiting period.

Disability Annuity Waiting Period - A waiting period must be completed before your

annuity can begin. The waiting period ends the last day of the 5th full month after the

month we determine your disability began.

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Part II – About Your Disability Annuity

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Previous Disability Annuity Rule

If you previously received a disability annuity which ended within 7 years of the

month we determine your current disability began, the earliest annuity beginning

date permitted by law is the later of:

  the first day of the month in which the employee died; or

  the first day of the 12th month before the month in which the RRB received

 your application; or

  the first day of the month you are no longer entitled to annuity payments

 based on caring for a child of the employee; or

  the first day of the month we determine you again became disabled.

Section 8 – How Work Can Affect Your Disability Annuity Payments

Before Age 60

If you perform work after your disability annuity begins and while you are still under

age 60, full monthly payments will continue until it is determined that your disability

has ended and you are no longer entitled to a disability annuity. However, 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 be evaluated to see if you are able to do regular work

(see Part V, Item 7, for the definition of regular work). Also, any work performed

after your disability annuity begins may raise a question about medical recovery (see

Part V, Item 3, for the definition of medical recovery), regardless of the amount of

your earnings. If this happens, you will be asked to provide additional information

about your medical condition and we may request you to report for a medical

examination.

After Age 60

If you perform work after age 60, your annuity is subject to the same earnings

restrictions that apply to an aged widow(er)’s annuity. Your annuity payments may

be withheld for any month during a year in which you are under full retirement age

and estimate your earnings to exceed the annual exempt amount described in Form

G-77, How Earnings Affect Payment of Survivor Annuities. In addition, 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.

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Part II – About Your Disability Annuity

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Section 9 – Conviction for a Criminal Offense Can Affect Your Annuity

The amount of your annuity may be affected if you are imprisoned or confined due to

a conviction for a criminal offense.

See Part V, Item 1, for the definition of confinement.

Section 10 – When Your Disability Annuity Could End

At Age 60

At age 60, your entitlement to a disability annuity ends and your entitlement to an

aged widow(er)’s annuity begins. This means that your entitlement to annuity

payments is no longer affected by the restrictions that apply to disability annuitants

as discussed in this booklet. However, your annuity is still subject to the restrictions

for aged widow(er) annuitants discussed in booklet RB-17, Survivor Annuities. If you

do not have a copy of that booklet, you should request one.

Before Age 60

Entitlement to disability annuity payments ends effective with the earlier of:

  the last day of the month before the month in which your death occurs, or

  the last day of the 2nd month after the month in which disability ends.

Your disability ends if:

  you medically recover so that you are able to work (see Part V, Item 3, for the

 definition of medical recovery), or

  you return to work and hold a job, whether or not there has been any

 substantial improvement in your condition. Note: You may, however, quaify

 for a trial work period (see Part V, Item 8, for the definition of Trial Work

 Period).

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Part III – Applying for Early Medicare Coverage

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Section 11 – Types of Medicare Coverage

This part provides general information about early Medicare coverage. For a more

complete explanation of the Medicare program, please refer to booklet RB-20,

Medicare for Railroad Workers and Their Families.

Medicare is the Federal health insurance program for people age 65 or older and

certain disabled people. One part of Medicare (Part A) provides hospital insurance

benefits. Another part (Part B) provides supplementary medical insurance.

Hospital insurance helps pay for:

  Inpatient hospital care

  Inpatient care in a skilled nursing facility

  Home health care and hospice care

Supplementary medical insurance helps pay for:

  Doctor’s services

  Outpatient hospital services

  Durable medical equipment

  A number of other medical services and supplies that are not covered by

 hospital insurance

Section 12 – Eligibility Requirements for Early Medicare

To be eligible for Medicare coverage before age 65, a disabled widow(er) annuitant

must:

  be at least age 50, and

  permanently disabled before the end of the prescribed period (see Part V,

 Item 6, for the definition of prescribed period).

An individual with permanent kidney failure (chronic renal disease) is eligible at any

age. However, the Social Security Administration must be contacted for this

coverage.

There are also special rules that apply for an individual diagnosed with Amyotrophic

Lateral Sclerosis (ALS or Lou Gehrig’s Disease).

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Part III – Applying for Early Medicare Coverage

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Section 13 – When Your Early Medicare Can Begin

Your Medicare coverage will begin on the later of:

  the first day of the 25th month you are entitled to receive annuity payments,

 or

  the first day of the 30th calendar month after your disability began.

Section 14 – When Your Early 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 (see Part V, Item 3, for the definition of

medical recovery). This is true whether or not you have actually worked. When this

happens, your early Medicare coverage ends with the later of:

  the last day of the 2nd month after the month in which medical recovery

 occurs, or

  the last day of the month after the month in which you were notified in writing

 that your disability ended.

Work

If you are working, or have worked since your coverage began, your early Medicare

coverage may end. This is true even though your medical condition may not have

improved. Unless medical recovery occurs first, your early Medicare coverage ends

with the earlier of:

  the last day of the 90th month after it is determined you performed regular

 work (see Part V, Item 7, for the definition of regular work), or

  the last day of the month in which death occurs.

Section 15 – Enrollment for Medicare

As soon as you are determined to be eligible for Medicare, you will automatically be

enrolled for hospital insurance coverage (Part A). You pay nothing for this coverage.

You will also be automatically enrolled for supplemental medical insurance coverage

(Part B). You will have to pay a monthly premium for Part B. If you receive an

annuity, the premium will usually be deducted from your monthly payments. If you

choose not to receive Part B coverage, you must notify the Railroad Retirement

Board.

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Part IV – Events That Can Affect Your Disability Benefits

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Section 16 – Events You Must Report

This section describes the different events that may affect your disability benefits.

You should be aware of these different events and notify us immediately if any of

them apply to you.

The events you should report can affect:

  the amount of your monthly payment; or

  the total amount that can be paid to you during the year; or

  whether you can continue to be paid at all; or

  whether your 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 work for any employer, railroad or nonrailroad, or perform any self- 

 employment work.

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

  If you are confined in a jail, prison, or other penal institution or correctional

 facility due to a conviction for a criminal offense.

These events must be reported in addition to any other events you must report

described in booklet RB-17, Survivor Annuities.

Section 17 – How to Report an Event

If, at any time after you have completed your application, you find that one of the

conditions explained in this booklet applies to you, you should immediately notify the

RRB in writing. The notice should be sent to the RRB office at the address shown

on the receipt for your application. However, if you wish, you may also call or visit

that office.

When you report an event, be sure to include the following in your letter:

  Your railroad retirement claim number shown at the top of your application

 receipt.

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Part IV – Events That Can Affect Your Disability Benefits

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  Your name (or the widow(er)’s name if you are reporting an event for her or

 him).

  The railroad employee’s name.

  A clear explanation of the event you are reporting.

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

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

  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.

  How many hours per week you work.

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Part V – Glossary

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Section 18 – Special Railroad Retirement Board Terms Defined

The following are definitions of certain terms used throughout this 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. Imprisonment – See Item 1, Confinement.

3. 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.

4. 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.

5. 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

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Part V – Glossary

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  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 treament

 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).

6. 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.

7. 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.

8. 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.

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Part V – Glossary

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 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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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: hotline@oig.rrb.gov

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.