DI 25201.010 If You Attain Age 18 After You File Your Disability Application But Before We Make A Determination or Decision
A. Policy (section 416.924(f))
For the period during which you are under age 18, we will evaluate whether you are disabled using the rules in this chapter. For the period starting with the day you attain age 18, we will evaluate whether you are disabled using the disability rules we use for adults who file new claims, in DI 22001.001.
B. Policy - attainment of age 18 (section 416.120(c)(4))
An individual attains a given age on the first moment of the day preceding the anniversary of his or her birth corresponding to such age.
1. Disability redetermination required
If the individual was found disabled under the rules for children (including consideration of whether disabling severity under the childhood standard has lasted or is expected to last for 12 months), he or she is subject to a disability redetermination upon attainment of age 18 (see DI 23570.001). Do not apply the MIRS in determining whether disability continues beginning at age 18. Do not consider the part B Listings or functional equivalence. (As in any redetermination at age 18, do not apply step 1 (SGA) of the sequential evaluation process for the period starting with the day the claimant attains age 18. However, note that the rules about working in DI 13010.105 apply in deciding whether the individual was disabled as a child in the first place, and therefore whether an age-18 disability redetermination applies.)
2. Prepare one determination
Prepare one determination to adjudicate the entire period. For more information on completing form SSA-831 for these cases, see DI 26510.001 A Completing Form SSA-831 (Disability Determination and Transmittal) for information on completing item 8 (type of Claim) and see DI 26510.095 Completing Item 34 (Remarks) on the SSA-831 for information on completing item 34 (Remarks) on the SSA-831.
NOTE: Because the definition of disability for children is separate from the definition for adults, any combination of outcomes is possible; i.e., disabled prior to age 18 but not upon attainment of age 18, not disabled prior to age 18 but disabled upon attainment of age 18, disabled both before and after attaining age 18, and not disabled. However, because the childhood standard is a listing-level standard, it would be unusual for an individual to be found disabled as a child but not as an adult (unless the effects of the impairment(s) changed prior to attainment of age 18).
If the individual is found disabled as an adult, but not as a child (or vice versa), see DI 25235.010D for language to be included in the notice.
Although two separate disability standards are applied in these cases, this does not affect most aspects of disability case processing.
If an individual is found not disabled under the childhood disability standard, but disabled under the adult standard, establish onset at the later date, as in any disability case in which the evidence shows an onset later than alleged.
If an individual is found disabled under the childhood standard, but not under the adult standard, and the period prior from onset to attainment of age 18 was less than 12 months, establish a duration denial. If the period from onset to attainment of age 18 was 12 months or longer (duration met), establish a closed period. Do not apply the MIRS in determining whether disability continues beginning at age 18. (See DI 25510.001.)