TN 17 (07-92)
RS 00605.210 Determining the Period of Disability - (Freeze Period)
1. Beginning Date
The law prescribes the beginning date of the period of disability as the later of:
2. Ending Date
The ending date of the period of disability is the earliest of:
last day of the month before the month the NH dies;
last day of the month before the month the NH attains FRA;
last day of the second month after the month the disability ceases;
Last day of the last month of any entitlement granted under the expedited reinstatement process. Months of provisional payment do not qualify as a period of disability unless there is an actual reinstatement.
Extended Period of Eligibility (EPE)
The period of disability ends with the last month of DIB payment due in the EPE.
3. DIB Recomputations
The period of disability ends with the last day of the month preceding the month the NH attains assumed FRA, if this occurs before actual attainment of this age. Assumed FRA is determined using the date of assumed age 62 in a freeze computation. See RS 00605.201 for assumed age 62. Assumed FRA is considered only in DIB cases to recompute the DIB freeze PIA based on earnings after the onset date.
If the NH has more than one period of DIB entitlement, the assumed FRA determination is applied only to the most recent DIB entitlement, including multiple periods of entitlement to cash benefits of a statutorily blind worker.
4. Statutory Blindness Cases
Deemed age 62 is the first month of the waiting period after the adjusted blind onset. Deemed FRA is then based on that deemed age 62.
Oscar Dyer, DOB 08/16/31, filed for DIB in 1983 and an onset date of 03/ 01 /83 was established. He was deemed to be age 62 in 03/83, the first month of the waiting period. Earnings for 1984 and 1985 could not be used in a DIB freeze computation because he is deemed to be age 65 as of 03/01/86. Earnings for 1986 were used to increase the PIA effective 01/87.
Mr. Dyer's DIB terminated in 10/87. He reapplied for DIB in 11/89 and a new onset date of 11/4/89 was established. For the new DIB entitlement, the deemed age 62 month is 12/89. For the freeze computation, the periods 03 /01/83 through 10/31/87 and 11/04/89 through 11/30/92 must be excluded. Earnings for 1986 used in the previous DIB computation may be used only if all periods of disability are ignored.