The instructions in this section apply when a WU issue occurs during the medical CDR process while the case is at a State disability determination services (DDS).

The disability adjudicator must follow the guidelines for general development of CDR cases in DI 28030.000.

For processing WU that occurs at the pre-hearing (PH) or Disability Hearing Unit (DHU), see DI 29005.027 or DI 33015.033.

We consider the individual’s whereabouts unknown if we cannot locate them at the last known address and they cannot be reached by telephone (e.g., their phone number is disconnected). A WU cessation is a technical determination and not a medical determination

WU is a Group II exceptions to MIRS see DI 28020.900. Group II exceptions do not require a finding that the:

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  Individual is not currently disabled; i.e., does not require a finding of ability to engage in Substantial Gainful Activity (SGA) or,

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  Child's impairment(s) no longer causes marked and severe functional limitations for Title XVI child cases.

If the DDS determines that the WU exception applies, the DE will follow the instructions in DI 28075.007D in this section to document and clear the case back to the field office (FO).

A WU Group II exception does not require a finding that an individual has medically improved or can engage in SGA.

If the DDS receives returned or undeliverable mail and they are unable to reach the individual by telephone, the DDS will:

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  Document on an SSA-5002 or a Case Note in DCPS and "write to the" case worksheet (CDW), the attempts to locate the individual, including whether the DDS received any returned or undeliverable correspondence to the individual and if they were unable to reach them by telephone. Also, state whether there is enough evidence in file to make a continuance; and

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  Clear the case as a "No Determination (ND)".

Forward the documented case to the FO for development action and cessation (Title II) determination or suspense (Title XVI) action based on WU.

For WU Title II cases, the FO will issue a non-medical cessation determination, i.e., a technical cessation of benefits.

For WU Title XVI cases, the FO suspends benefits.

NOTE: If the FO locates the individual, the case will be returned to the DDS for processing.

Statutory benefit continuation (SBC) does not apply to WU cases because SSA does not consider these cases to have had a medical determination.

Also, Goldberg-Kelly procedures do not apply to Title XVI WU cases.

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  DI 28005.205 Determining the Cessation Month in Continuing Disability Review (CDR) Cases

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  DI 28020.001 General Groups I and II Exceptions to Medical Improvement (MI)