When we receive a report that an disabled individual for whom a MIE diary has been
established (and for whom the scheduled CDR has not yet been conducted) returns to
full-time work without medical restrictions and the individual no longer considers
himself or herself disabled, conduct a CDR interview. In your development, include
statements from the individual as to whether their impairment(s) has medically improved,
whether they expect to be able to continue working, and whether they wish to have
medical evidence from the last 12 months included in the file before a decision on
terminating benefits. Do not suspend benefits if any of the following applies:
the work is other than full time;
medical restrictions are alleged;
the individual alleges continuing disability or indicates that they do not expect
to be able to continue working;
the individual does not acknowledge that medical improvement occurred as of the month
they returned to work;
the individual wishes to have medical evidence from the last 12 months included in
the file before a decision is made on termination of benefits;
the individual is receiving vocational rehabilitation services; or
the individual has a mental impairment.
Have the disabled individual sign the form and record the information on an SSA-795
(Statement of Claimant or Other Person). Obtain a statement from the individual's
physician concerning the presence and absence of medical restrictions. A report of
telephone contact with the physician is sufficient.
In a Title II only case, if the disabled individual states that the full-time work
was performed in two or more calendar months, and the other conditions outlined above
are met, give due process and suspend the Title II benefits. For purposes of this
situation, do not consider the earnings and the duration of the work, provided the
work is full-time. If the work began near the end of a month (even on the last day
of the month) but the disabled individual works on a full-time basis, consider that
month as one of the work months.
Suspension is not applicable in concurrent (Title II and Title XVI) and Title XVI
only cases. If the disabled individual does not perform the work in all or part of
two calendar months, do not suspend the benefits. For the Title XVI case, the FO must
review the record to determine if the individual is eligible under Section 1619 provisions,
see SI 02302.006. For Section1619 cases with alleged medical recovery, see DI 13005.018F.
The DDS has jurisdiction, since this is a decision regarding possible medical recovery.
Therefore, transmit the folder(s) to the DDS if the folder is in the FO and attach
the SSA-5526-U3 (Request For Assistance-Disability) or the SSA-882 (FO Report of Field
Review Of Continuing Disability). If the folder is not in the FO, using an SSA-882
as a transmittal send the material to ODO/PSC-DPB. Complete Block 1.A. and Part III
of the SSA-882. For handling of Section 1619 cases with alleged medical recovery,
see DI 13005.018F.
If any of these criteria are not met, for example, medical improvement is not reported,
work is not full-time, there are medical restrictions, or the individual considers
himself or herself still disabled, follow DI 13005.055D in this section.
In accordance with the instructions in this section, process military service cases
involving military personnel released from a military hospital to active duty. The
resumption of active duty equates to return to full-time work as discussed in this