Beneficiaries who are currently entitled based on subsequent claims may be adversely
affected as a result of counting trial work months after 11/30/ 91. In order to avoid
large retroactive overpayments, when development results in termination for SGA after
the PAYMENT PERIOD ends, protect the filing date for a new claim as of the date of
SSA's receipt of the request for Stieberger review.
In such cases, the FO prepares an SSA-833 cessation determination and returns the
case to the DDS to establish a new period of disability. These are separate periods
of entitlement, and separate periods of disability; PIAs and rates must be computed
for each entitlement period separately.
If subsequent entitlement is not adversely affected by terminating the Stieberger
entitlement, no protective filing is required.
Similarly, if the beneficiary's entitlement must be terminated because he/ she received
a medical denial for a period when he/she lived outside New York State (see DI 32586.020), the period of disability and entitlement ends with the month of alleged onset in
the non-New York State denial. If the beneficiary has been found to be currently disabled,
a new period of disability and entitlement can be established as of the day after
the date of the non-New York State decision.