TN 1 (04-00)
DI 28005.003 Disability Redeterminations Required in Certain Cases Instead of a CDR
P.L. 104-193, enacted August 22, 1996, requires a disability redetermination for certain title XVI cases (see DI 23570.001).
P.L. 105-33, enacted August 5, 1997, modified the disability redetermination provisions to change certain time limitations, so that an age-18 disability redetermination may be initiated after the individual attains age 19, and childhood disability redeterminations (CDR) may be initiated after August 22, 1996.
Most childhood disability redetermination cases and current age-18 disability redetermination cases were identified and forwarded to the field for processing in early 1997. However, the DDS may occasionally receive a case selected for a CDR that instead requires a disability redetermination.
B. Procedure - Adult Originally Allowed as Title XVI Child
An age-18 disability redetermination is required for adults who were originally allowed as children and who attained age 18 on August 22, 1996 or later. See DI 23570.001. (If an age-18 disability redetermination has already been done, conduct a CDR.)
A CDR will be performed for Title XVI adults who were originally allowed as children who attained age 18 before August 22, 1996. See DI 28005.016 and DI 28005.017.
C. Procedure - Title XVI Child With Comparison Point Decision (CPD) Based on IFA or “Maladaptive Behaviors”
Certain childhood cases may require a disability redetermination instead of a CDR, if:
The CPD is before August 22, 1996; and
There has been no childhood disability redetermination or “modified determination” (DI 23570.001), and
The CPD was based on an IFA, or “maladaptive behaviors” in the prior “personal/behavioral area of functioning were material to the determination. (For “maladaptive behaviors” and the prior “personal /behavioral” area, see prior listing section 112.02B2.c.(2) in the April 1, 1996 edition of 20 CFR, Appendix 1, Subpart P, Part 404 and DI 34232.005.
(If a childhood disability redetermination or a “modified determination” has been done, conduct the CDR. See DI 28010.105 concerning the CPD if a “modified determination” has been done.)