DI 26015.005 Title II Only (Statutory Blindness Alleged) - Denials
When the claimant alleges statutory blindness or blindness and disability and meets
only fully insured status, the personalized notice should advise the claimant that
only blindness-related impairments have been evaluated because he/she does not meet
the earnings requirement for nonblind disability benefits.
When a claimant alleges statutory blindness and is engaging in work activity and earning
above the nonstatutory blind SGA level, the DO will send the claim to the DDS for
a medical determination as to whether or not the claimant is statutorily blind.
In DWB and CDB claims, if the DDS determines that the claimant is not statutorily
blind, the DDS will continue to complete the SSA-831-U5 as required by DI 26010.055 and DI 26515.000 ff. and to process the claim in accordance with existing instructions.
The DO will prepare personalized SGA denial notices for these claims which indicate
that the eligibility requirements to receive benefits as a statutorily blind individual
are not met.
If the claimant is found not to be statutorily blind, the personalized disability
explanation should describe only the visual condition evaluated.
If the claimant meets both regular insured status and fully insured status at some
point and only fully insured status currently, the personalized disability explanation
should describe the condition evaluated through the date the regular insured status
expires, and the visual condition evaluated through the date of the determination.