---
kind: "section"
citation: "20 C.F.R. § 30.805"
title: "20"
number: "30.805"
heading: "What are the criteria for eligibility for wage-loss benefits under Part E?"
url: "https://uscodex.org/cfr/20/30.805"
---

# §30.805. What are the criteria for eligibility for wage-loss benefits under Part E?

- (a) In addition to satisfying the general eligibility requirements applicable to all Part E claims, a claimant seeking benefits for calendar years of qualifying wage-loss has the burden of proof to establish each of the following criteria:
  - (1) He or she held a job at which he or she earned wages;
  - (2) He or she experienced a loss in those wages in a particular month (referred to as the “trigger month” in this section);
  - (3) The wage-loss in the trigger month was caused by the covered Part E employee's covered illness, i.e., that he or she would have continued to earn wages in the trigger month from that employment but for the covered illness;
  - (4) His or her average annual wage;
  - (5) His or her normal retirement age and the calendar year in which he or she would reach that age;
  - (6) Beginning with the calendar year of the trigger month, the percentage of the average annual wage that was earned in each calendar year up to and including the retirement year;
  - (7) The number of those calendar years in which the covered illness caused the covered Part E employee to earn 50% or less of his or her average annual wage; and
  - (8) The number of those calendar years in which the covered illness caused him or her to earn more than 50% but not more than 75% of his or her average annual wage.
- (b) OWCP will discontinue development of a request for wage-loss benefits, during which the claimant must meet his or her burden of proof to establish each of the criteria listed in [paragraph (a)](#a) of this section, at any point when the claimant is unable to meet such burden and proceed to issue a recommended decision to deny the request.

## Notes

### Amendments

[84 FR 3059, Feb. 8, 2019]

### Authority

Authority: 5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834.

### Source

Source: 71 FR 78534, Dec. 29, 2006, unless otherwise noted.

### Amendments

[84 FR 3059, Feb. 8, 2019]