TN 5 (06-15)
The CDR evaluation process applies the medical improvement review standard (MIRS)
in determining whether an individual is still blind. For information on the CDR evaluation
process, see DI 28005.005. Where appropriate, the flexibility principle in DI 28005.005B applies. Actions after a finding that blindness ended is discussed in DI 28005.090C.5. in this section
The statutory blindness listing provisions have not changed in many years. DI 28005.090C.4. in this section, usually involves consideration of the same listing section as DI 28005.090C.2. in this section.
The MIRS provisions of the 1984 Amendments did not initially apply to Title XVI blindness
cases. However, P.L. 99-643 resulted in the MIRS principles applying to these cases beginning July 1, 1987.
Decide whether MI occurred in the individual's blindness
If MI did occur, go to step 2.
If MI did not occur, go to step 3.
Decide whether MI is related to ability to work. For consideration of prior listings, see
If MI is not related to ability to work, go to step 3.
If MI is related to ability to work, go to step 4.
Decide whether an exception to MI applies.
If one of the Group I exceptions applies, go to step 4.
If one of the Group II exceptions applies with respect to the individual's blindness,
find that blindness ended, and go to step 5.
Decide whether the impairment currently meets the statutory blindness requirements of the Listing of Impairments (Listing 2.02 or
If so, find that blindness continues.
If not, find that blindness ended, and go to step 5.
If blindness ended, determine whether the individual is disabled by applying DI 28005.005.
If not disabled, the usual cessation procedures apply.
"If still disabled, DIB entitlement will continue for statutorily blind beneficiaries
who only meet "Fully Insured" status for blindness only (i.e., do not meet 20/40 or
Special Insured status), and are subsequently determined no longer stat blind but
are still disabled (i.e., have a non-blind impairment). This also applies to the Title
II portion of concurrent Title II and Title XVI cases involving "Fully Insured" status
for blindness only.
To determine whether to develop the blindness issue in cases where blindness is alleged
but is not established, and disability continues on a basis other than blindness,
follow the instructions in DI 26001.010 and DI 26005.005.
DI 26001.005 Evidence of Blindness
DI 26001.010 Title II Disability Freeze
DI 28010.010 Which Impairment(s) to Consider in Medical Improvement (MI)
DI 28020.001 General - Groups I and II of Exceptions to Medical Improvement
DI 28020.900 Group II Exceptions
DI 34001.012 Special Senses and Speech – Adult