Basic (03-86)

DI 26015.005 Title II Only (Statutory Blindness Alleged) - Denials

When the claimant alleges statutory blindness or blindness and disability and meets only fully insured status, the personalized notice should advise the claimant that only blindness-related impairments have been evaluated because he/she does not meet the earnings requirement for nonblind disability benefits.

When a claimant alleges statutory blindness and is engaging in work activity and earning above the nonstatutory blind SGA level, the DO will send the claim to the DDS for a medical determination as to whether or not the claimant is statutorily blind.

In DWB and CDB claims, if the DDS determines that the claimant is not statutorily blind, the DDS will continue to complete the SSA-831-U5 as required by DI 26010.055 and DI 26515.000 ff. and to process the claim in accordance with existing instructions.

The DO will prepare personalized SGA denial notices for these claims which indicate that the eligibility requirements to receive benefits as a statutorily blind individual are not met.

If the claimant is found not to be statutorily blind, the personalized disability explanation should describe only the visual condition evaluated.

If the claimant meets both regular insured status and fully insured status at some point and only fully insured status currently, the personalized disability explanation should describe the condition evaluated through the date the regular insured status expires, and the visual condition evaluated through the date of the determination.