Basic (03-86)
DI 21501.005 Identifying Where State Plan Definition of Blindness or Disability Differs from Title
XVI Definition
As explained in DI 23525.001 a conversion recipient who does not meet the title XVI criteria for disability or
blindness, is still considered disabled or blind so long as he continuously meets
the appropriate State plan definition of disability or blindness after December 1973.
The State plan definition of disability and blindness may be equal to or more or less
restrictive than the title XVI Federal requirements. DI 23525.001 provides the basic instructions for evaluating conversion cases and explains that
a continuing DIB issue in such claims will be adjudicated first under the Federal
definition of disability or blindness. If disability or blindness is found to continue
under the Federal definition, a continuance determination should be prepared and effectuated;
no evaluation under the State plan is required. If disability or blindness does not
continue under the Federal definition, evaluation under the State plan is necessary
and a determination of continuance or cessation will be prepared and effectuated depending
on whether the recipient continues or ceases to meet the State plan definition of
disability or blindness.
It is pertinent to note those written State plan definitions of disability and blindness
that are clearly more liberal (e.g., providing for disability eligibility where the
only impairment is drug addiction or alcoholism, requiring that jobs a claimant can
do must exist in the community) than the title XVI definition are italicized. However,
each DDS is cautioned to carefully consider the entire State plan definition in making
determinations.