Readjudicating Stieberger cessations (title II/XVI) requires the following special handling because of the
limitations on development and payment (see DI 12586.020):
Adjudication of the DEVELOPMENT PERIOD (DI 12586.035) generally is completed without the prior file using initial disability standards.
However, if the DEVELOPMENT PERIOD extends back to the date of cessation in the Stieberger claim, special processing is needed (such as getting the prior file, use of the medical
improvement standard (MIRS), and deciding whether to use an SSA-831 or SSA-833). See
DI 32586.020, item 6.
If all or part of the DEVELOPMENT PERIOD cannot be allowed, the claimant is deemed
to meet section 10(e)(5) of the settlement criteria (DI 12586.035D.2.), and the case is developed back to the date of cessation using the prior folder
and applying the MIRS standard.
If the case is developed back to the date of cessation and claimant is found to have
a continuing disability, either a continuance or a new allowance determination is
prepared, depending on whether the start of the PAYMENT PERIOD is during the termination
month in the Stieberger claim or is later.
If a claim is not continued or allowed based on MIRS, the possibility of a later allowance
sometime during the reopened period is considered.
Whether the DDS uses the MIRS will depend on whether the DDS is required to develop
all the way back to the month of cessation.
Whether an SSA-831 or an SSA-832/833 (which means having offered a face-to-face hearing)
is prepared by the DDS depends on whether the determination is based on MIRS, and
also on whether the 48-month limit on payments prior to 12/1/91 (DI 12586.001, item 8.) prevents resumption of benefits in the month benefits were terminated by
the Stieberger cessation.