TN 5 (08-22)

DI 23505.010 Childhood Disability Beneficiary (CDB) Reentitlement

A. CDB reentitlement provisions

The 1972 amendments allow a beneficiary to become reentitled to CDB on the same record:

  • At any time when the previous entitlement terminated due to substantial gainful activity (SGA) (no time limit); or

  • Within 7 years when the previous entitlement ended due to any other reason, including medical recovery.

NOTE: A CDB claim on a different record requires an initial entitlement determination with a finding of disability prior to age 22.

Also, see:

  • RS 00203.015 Requirements for Re-entitlement for Child’s Benefits

  • DI 25501.330 Establishing an Established Onset Date (EOD) for Childhood Disability Benefits (CDB) Claims

  • DI 10115.001 Requirements for Entitlement to Childhood Disability Benefits (CDB)

Under the CDB reentitlement provision:

  • CDBs have protection comparable to that of disabled widow(er)s who become entitled again to benefits if they recover from an earlier disability and then become disabled again.

  • The reentitlement period (RP) begins with the month following the last month of previous entitlement to CDB and ends with the close of the 84th month (7 years) following the month the most recent entitlement to CDB terminated due to disability cessation.

  • A child may again be entitled as a CDB claim if disability onset is within the 84-month reentitlement period and the child:

    1. 1. 

      Is statutorily blind;

    2. 2. 

      Is age 55 or over; and

    3. 3. 

      Was engaging in SGA not comparable to relevant past work performed either before the later of date of attainment of age 55 or date the child became statutorily blind. (For details, see DI 26005.001D).

Effective October 1, 2004, section 420A of P.L. 108-203 allows reentitlement to CDB after the usual 84 months (7 years) period if the beneficiary's previous disability entitlement terminated because of the performance of SGA.

Examples of CDB reentitlement:

  • A 35-year-old individual’s disability entitlement ceased 6 years ago due to medical recovery. The individual stopped working 2 months ago due to a disability. We may consider this individual for CDB reentitlement.

  • A 51-year-old individual’s disability entitlement ceased 16 years ago due to SGA without medical recovery. The sheltered workshop lost funding last month and no longer employs the individual. We may consider this individual for CDB reentitlement.

  • A 63-year-old individual worked as an able-bodied seaman prior to going blind at age 55. Since that time, he has worked as a host. Although this work is SGA, he may be eligible for reentitlement because he can no longer engage in SGA requiring skill or ability comparable to the work he performed before age 55. However, SSA would withhold benefits while he engaged in SGA at his current job.

B. SSA-831 (Disability Determination and Transmittal) completion

Complete the SSA-831 in the usual manner for a CDB claim with the following exceptions:

1. Item 15 – Onset

When the evidence clearly establishes an exact onset date, enter that date.

When the evidence does not establish an exact onset date, but establishes disability before the end of the RP, and a more precise date is not material, enter the first day of the earliest month and year that the evidence of record can establish the individual as disabled.

When the medical evidence is inconclusive as to an exact onset date but clearly show disability commenced at least:

  1. a. 

    Twelve months for a CDB-D claim (based upon NH disability entitlement) prior to the month in the filing date; or

  2. b. 

    Six months for a CDB-R claim (based upon NH retirement entitlement) prior to the month in the filing date; and

  3. c. 

    Within the RP; then

    • Establish onset on the first day of the 12th month before the month in the filing date (for a CDB-D claim) or

    • Establish onset on the first day of the 6th month (for a CDB-R claim) before the month in the filing date, to permit full retroactivity of benefits.

2. Item 19 – Claimant Not Disabled

a. Block A

Check this block when the individual's impairment is not disabling and the reentitlement period (RP) has not expired.

b. Block B

Check this block when the evidence established the individual was not under a disability before the end of the RP, and the RP has expired. Enter the last day of the RP.

c. Block C

Do not check this block.

3. Item 22 – Regulation Basis Code (RBC)

Enter the pertinent RBC for the CDB allowance or denial. The RBC should reflect the nature of the allowance or denial on the date of adjudication. For a description of the basis for decision, see DI 26510.045A.

a. Not Disabled Table

Use this table for determinations of “not disabled”:

RBC - Not Disabled

Basis for Decision

RBC
Reentitlement CDB claim and RP last met on or after date of current decision

RBC
Reentitlement CDB claim and RP last met prior to date of current decision

Impairment Not Severe – Medical Consideration Alone or Condition Disabling But Did Not Exist Before Age 22

F1

F2

Capacity for Substantial Gainful Activity (SGA) – Vocational Considerations

G1

G2

Impairment Prevented SGA for a Period of Less Than 12 Months

E1

E2

Impairment Prevents SGA at Time of Adjudication but is Not Expected to Prevent SGA for a Period of 12 Months

E3

E4

Insufficient Evidence Provided

M5

M6

Claimant Does not Want to Continue Development of Claim

M3

M4

Claimant Willfully Fails to Follow Prescribed Treatment

K1

K2

Drug Addiction and/or Alcoholism is Material to the Determination of Disability

Z1

Z2

b. Disabled Table

Use this table for determinations of “disabled”:

RBC - Disabled

Basis for Decision

RBC

Impairment Meets Level of Severity of Listings

A1

Impairment Equals Level of Severity of Listings

B1

Medical And Vocational Considerations

C1

4. Item 29 – LTR. PAR. NO.

Leave item 29 blank because the notice is computer generated based on systems input.

C. Personalized Disability Notices

DDS must prepare and release a personalized disability notice (PDN) to a CDB reentitlement claimant on all less than fully favorable disability determinations. The PDN consists of a form notice (SSA-L443) and a personalized disability explanation (PDE) containing the required information. For complete instructions on completing notices, see NL 00603.100 and DI 81020.130. For complete PDE instructions, see DI 26530.040.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0423505010
DI 23505.010 - Childhood Disability Beneficiary (CDB) Reentitlement - 08/10/2022
Batch run: 08/10/2022
Rev:08/10/2022