TN 6 (08-90)

DI 27515.045 DC Disability Established -Title II Claim Filed

A. Policy

The adoption criteria in this section apply only to cases where the child turned age 18 before 08/22/96.

NOTE: Adoption does not apply if the child turned age 18 on or after 08/22/96 unless he or she has had a favorable age 18 redetermination using the adult disability standard, or had a combined favorable childhood and adult determination or decision under the guidelines in DI 25201.010. For more information about age 18 redeterminations, see DI 23570.010 - Disability Redeterminations - Age 18 Cases.

An SSI Disabled Child Claim (DC) determination may be adopted to a new Disabled Minor Child claim if the SSIDC was based on a Part B listing and the criteria used has not changed and any time limitations (i.e., age-specific criteria) in the Part B listings have not changed.

1. Part A criteria met

A favorable Title XVI Disabled Child (DC) or Blind Child (BC) determination may be adopted to a subsequent Title II claim if the DC or BC was allowed as meeting or equaling any of the Listings criteria in Part A of the Listing of Impairments (i.e., the adult listings).

2. Corresponding Part B criteria met

NOTE: Beginning January 17, 2017, adjudicators should use the obsolete mental disorders listings found in DI 34132 and DI 34232.

  1. a. 

    Part B Listings give consideration to the particular effects of disease processes in childhood; therefore, the requirement for Title XVI childhood disability is not necessarily the same requirement for the Title II claim in every case.

  2. b. 

    Adoption does not apply if the DC or BC decision was based on a listing in Part B of the Listing of Impairments (i.e., the childhood listings) other than those listed in “d” below.

  3. c. 

    The part B listing sections below would also meet the corresponding part A listing and therefore may be adopted to adult determinations/decisions.

  4. d. 

    Corresponding listings are as follows:

Part B Part A Part B Part A
102.02A 2.02 111.02A 11.02
106.02A 6.02A 111.07B.3 11.07C
106.02B 6.02B 112.05B 12.05A
107.05D 7.05C 112.05C 12.05B*
107.11A 7.11 113.02A 13.06A

* Adoption requires a valid verbal, performance, or full scale IQ of 59 or less. The IQ testing must be current as described in DI 24515.055D . Obtain the prior folder to determine if additional development is required.

B. Procedure

1. General

Obtain the folder to determine if a Part A Listing was met or equaled (DI 24505.015) or corresponding Part B Listing was met and can be adopted to the new Title II claim (unless such information is available from a query or a copy of the prior determination).

NOTE: Always obtain the folder when development may be needed as indicated by asterisks in DI 27515.045A.2.d.

2. Specific situations

  1. a. 

    If Part A criteria not met or equaled/corresponding Part B not met:

    • Develop information on the Title II claim.

    • Prepare an independent Title II determination.

    • Prepare a separate rationale.

  2. b. 

    If Part A criteria met or equaled/corresponding Part B met:

    • Resolve any issue of Title II onset date per DI 27515.020C.

    • Develop current evidence for asterisk noted listings in DI 27515.045A.2.d.

    • Prepare a Title II determination to adopt the Title XVI determination (see DI 27515.020C.4.).

3. CDR entitlement

Use the same rules for entitlement as those for other adoption situations (see DI 27515.050).

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DI 27515.045 - DC Disability Established -Title II Claim Filed - 02/17/2017
Batch run: 02/17/2017