If the class member is disabled throughout the DEVELOPMENT PERIOD, and he/ she remains
disabled, find that the allowance/continuance is fully favorable for Stieberger purposes. This is true even though the onset is later than the original AOD.
Also, in addition to the language required by the following subsections, add the following
sentence to notices involving claims in which an onset has been established as a consequence
of the Stieberger review: “We used special rules to decide the date you became disabled under the Stieberger criteria. This may not be the same date we would have found you disabled if we had
not applied the special Stieberger rules.”
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a.
Enter “ODO/DL-S” in item 29 of SSA-831.
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b.
Indicate SSA-L30-C1 as notice on attachment and include following paragraph:
“This determination is based on a review of your claim as ordered by the court in the
case of Stieberger v. Sullivan . Based on the Stieberger court order, we looked at the evidence in your file covering (period of time for which disability was considered) again to see if you were disabled. After reviewing the evidence, we have established
that you are disabled beginning (date) . This is the earliest date under the Stieberger court order that disability can be established.”
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a.
Indicate DO/DL-S as notice on SSA-831.
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b.
On attachment, show SSA-8025-U2: (SSI Payment Decision)
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•
Lead-in sentence:
“This determination is based on a review of your claim as ordered by the court in the
case of Stieberger v. Sullivan. Based on the Stieberger court order, we looked at the evidence in your file covering (period of time for which disability was considered) to see if you were disabled. After reviewing the evidence, we have established that
you are disabled beginning (date). This is the earliest date under the Stieberger court order that disability can be established.”
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•
Paragraph 1414, 1415, 1424, or 1425, as appropriate.
Follow above instructions for each case.