Effective Dates: 06/12/2023 - Present Previous | Next

TN 11 (06-23)

DI 28015.050 Consideration of Prior Listing

When an impairment(s) meets or equals the requirements of a listing in the Listing of Impairments, the beneficiary is deemed, in the absence of evidence to the contrary, to be unable to engage in gainful activity. The comparison point decision (CPD) on this basis does not include residual functional capacity (RFC) assessments. This prevents RFC comparisons in subsequent continuing disability reviews (CDRs) in these cases.

If the CPD listing designated a time period for which an impairment is considered disabling, see DI 28010.029.

Certain cases require a disability redetermination instead of a CDR. If we originally allowed the beneficiary as a Title XVI child and there has been no age-18 disability redetermination, follow the instructions in DI 28005.003.

A. Prior listing no longer met or equaled

When the impairment(s) no longer meets or medically equals the CPD listing of impairments, as that listing appeared then, find medical improvement (MI) related to the ability to work.

B. Prior listing still met or equaled

When the impairment(s) still meets or medically equals the CPD listing of impairments, as that listing appeared then, find MI NOT related to the ability to work.

C. How to process a continuance

Determine that disability continues, when no exceptions apply and MI does not relate to the ability to work because the impairment(s) still meets or equals the CPD Listings of Impairments, as that listing appeared then.

To process a continuance:

  1. 1. 

    Code the continuance determination “no MI (related) and no exceptions,” rather than “meets/equals,” and

  2. 2. 

    Do not do a current RFC assessment.

D. Previous versions of Listings

  • •

    DI 28010.029 Overview of How to Evaluate Listings with Time Periods for Which an Impairment is Considered Disabling at the Continuing Disability Review (CDR)

  • •

    DI 28010.030 Evaluating Listings with a Specified Timeframe at the Continuing Disability Review (CDR)

  • •

    DI 28010.035 Evaluating Listings with Minimum Time Periods at the Continuing Disability Review (CDR)

  • •

    DI 28030.040 Evaluating Listings with Age-Based Periods of Disability at the Continuing Disability Review (CDR)

  • •

    DI 34100.000 Obsolete Versions of Part A, the Listing of Impairments

  • •

    DI 34200.000 Obsolete Versions of Part B, the Listings of Impairments

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428015050
DI 28015.050 - Consideration of Prior Listing - 06/12/2023
Batch run: 06/12/2023
Rev:06/12/2023