TN 15 (12-04)
DI 26525.010 Cancer - Special Instructions
a. Impairment Meets or Medically Equals a Cancer Listing
Generally set a 3-year MIP diary in cases which meet or medically equal the cancer listings (13.00 and 113.00). See DI 26525.010B.2. and DI 26525.010B.3. for limited exceptions. (See DI 26525.045B.3. NOTE).
b. Other Allowances Involving Cancer
Evaluate all other cases involving cancer under the general diary guidelines.
2. 3-Year Rule
A 3-year period of remission is required for cases meeting or medically equaling the cancer listings (13.00 and 113.00) before cessation under MIRS is possible, unless the listing specifies the period for which the impairment should be considered disabling. The period of remission:
begins with the date the individual is in complete remission that is, the date that the original tumor or a recurrence (or relapse) and any metastases are no longer evident. (By the phrase, “the original tumor or a recurrence (or relapse) and any metastases,” we mean the malignancy that was the basis for determining that the impairment met or medically equaled a cancer listing in 13.00 or 113.00.), and
must be substantiated by appropriate physical examinations and laboratory findings (for example, pathology reports, x-ray results).
1. MIP Diary
Generally, set a MIP diary in cases which meet or medically equal the cancer listings, unless DI 26525.010B.2. or DI 26525.010B.3. applies.
2. MIE Diary
a. Set MIE Diary to Mature At the Time Specified in the Listing
Set a MIE diary to mature at the time specified in the listing when the impairment meets or medically equals a cancer listing (13.00 or 113.00) that provides that the impairment is considered disabling for a specific period of time (e.g., 13.02E., 13.11D., 113.03).
b. Set MIE Diary to Mature Up to Age 59 1/2
Set a MIE diary to mature up to age 59 1/2 when:
a cancer listing (13.00 or 113.00) other than those referred to in DI 26525.010B.2.a. is met or medically equaled, and
The evidence demonstrates the individual has been in a period of remission for 6 continuous months or longer as of the month of the current determination.
In these situations, do not schedule the MIE diary earlier than the end of the 3-year period discussed in DI 26525.010A.2.
3. MINE Diary
a. Set MINE Diary
Set a MINE diary (DI 26525.045B.3. NOTE) for individuals of any age when the evidence demonstrates the cancer is advanced and certainly not remediable (i.e., cannot be controlled with treatment, therapy, or surgery).
b. Do Not Set MINE Diary
Do not set the MINE diary when there is any possibility of remission.