Recovery from disability for work in the regular occupation.

§ 220.17 Recovery from disability for work in the regular occupation. (a) General. Disability for work in the regular occupation will end if— (1) There is medical improvement in the annuitant's impairment(s) to the extent that the annuitant is able to perform the duties of his or her regular occupation; or (2) The annuitant demonstrates the ability to perform the duties of his or her regular occupation. The Board provides a trial work period before terminating a disability annuity because of the annuitant's return to work. (b) Definition of the trial work period. The trial work period is a period during which the annuitant may test his or her ability to work and still be considered occupationally disabled. It begins and ends as described in paragraph (e) of this section. During this period, the annuitant may perform “services” (see paragraph (c) of this section) in as many as 9 months, but these months do not have to be consecutive. The Board will not consider those services as showing that the annuitant's occupational disability has ended until the annuitant has performed services in at least 9 months. However, after the trial work period has ended, the Board will consider the work the annuitant did during the trial work period in determining whether the annuitant's occupational disability has ended at any time after the trial work period. (c) What the Board means by services in an occupational disability case. When used in this section, “services” means any activity which, even though it may not be substantial gainful activity as defined in § 220.141, is— (1) Done by a person in employment or self-employment for pay or profit, or is the kind normally done for pay or profit; and (2) The activity is a return to the same duties of the annuitant's regular occupation or the activity so closely approximates the duties of the regular occupation as to demonstrate the ability to perform those duties. (d) Limitations on the number of trial work periods. The annuitant may have only one trial work period during each period in which he or she is occupationally disabled. (e) When the trial work period begins and ends. (1) The trial work period begins with whichever of the following calendar months is the latest— (i) The annuity beginning date; (ii) The month after the end of the appropriate waiting period; or (iii) The month the application for disability is filed. (2) The trial work period ends with the close of whichever of the following calendar months is the earlier— (i) The ninth month (whether or not the months have been consecutive) in which the annuitant performed services; or (ii) The month in which new evidence, other than evidence relating to any work the annuitant did during the trial work period, shows that the annuitant is not disabled, even though the annuitant has not worked a full nine months. The Board may find that the annuitant's disability has ended at any time during the trial work period if the medical or other evidence shows that the annuitant is no longer disabled.