TN 5 (06-15)
DI 28005.205 Determining the Cessation Month in Continuing Disability Review (CDR) Cases
A. Setting the cessation month
To set the cessation month in cases where disability ended, use the table in DI 28005.205C. Do not use this table in reopenings.
B. Cessation month procedure
The cessation month generally coincides with the month of the notice. Find retroactive cessation only in the situations outlined in DI 28005.205C, items 2-8, in this section.
C. Cessation month table
Use the following table to determine the cessation month in CDR cases:
If Cessation is Based On:
Find that Disability Ended in the Month:
ANY SITUATION NOT COVERED BY 2-8 BELOW (most cessations)
The cessation notice is mailed to the individual (general rule).
REPORT OF EARLIER MEDICAL CESSATION
The treating physician told the individual of regained capacity to engage in substantial gainful activity (SGA), or, in a Title XVI child case, told the child's representative payee that the child could return to normal activities.
CLEAR-CUT CESSATION (return to work in a medical improvement expected case)
The individual returns to full-time work with no significant medical restrictions.
FAILURE TO COOPERATE
The individual fails, without good cause, to do what the Social Security Administration (SSA) or the Disability Determination Services (DDS) has requested and the individual was aware that he or she had to cooperate and the repercussions of failing to do so.
DI 28075.005F; DI 25205.020 for Title XVI child cases
SSA first knew that the individual's whereabouts are unknown but not earlier than the month a continuing disability issue arose.
NOTE: Title XVI benefits are suspended rather than ceased.
FAILURE TO FOLLOW PRESCRIBED TREATMENT
The evidence clearly establishes the individual's unjustified failure to follow prescribed treatment.
WORK ACTIVITY ONLY
The individual first engages in SGA following completion of any applicable trial work period. DDSs do not decide this issue. Do not cease Title XVI cases on this basis.
RECOVERY PRIOR TO INITIAL ALLOWANCE DECISION (closed period cases)
Shown by the evidence.
D. Determining cessation months
1. Report of earlier medical cessations
The following situations involve the setting of earlier cessation months.
Find retroactive cessation in cases where there is no doubt that the individual was aware that he or she was able to work. Alternatively, in a Title XVI child case, there is no doubt that the child's representative payee (or the child, if the child is his or her own payee) was aware that the child could return to normal activities, but failed to report this change. That is, find retroactive cessation only if: