Persons who were originally found to be disabled under a State plan will be evaluated
under current Federal guidelines.
If the recipient is found “not disabled” after the CDR evaluation process, evaluate
under the appropriate State plan using the medical improvement review standard (MIRS).
These conversion cases will be evaluated under the State Plan Criteria as well as
the Federal definition of disability.
If the person's eligibility for disability benefits previously ceased because of substantial
gainful activity (SGA) prior to August 12, 1994, the Federal definition of disability
applies. The State Plan no longer applies.
Some former recipients of APTD/AB who have been converted to Title XVI rolls may have
been determined to be disabled where DA/A was the only condition involved. Such individuals
may not meet the Title XVI Federal standards discussed above. However, under the conversion
provisions, their disability status is protected as long as they continue to meet
the definition of disability under the applicable State plan, even though they do
not meet the Federal definition of disability applicable to new claims.
20 CFR 416.260, Special Provisions for People Who Work Despite a Disabling Impairment
DI 21501.000, Title XVI – State Plans – Disability/Blindness