TN 10 (05-23)

DI 28010.120 Title XVI Child Cases - Functionally Equivalent Impairments Subject to Specified Reexamination

CITATIONS:

20 CFR 416.926a(m)

A. Introduction

The regulations identify time periods for which an impairment should be considered disabling for certain conditions in children that functionally equal the listings (e.g., major congenital organ dysfunction which could be expected to result in death within the first year of life without surgical correction, see DI 25225.060).

B. Policy for CPD After Surgery Before Age 1

The regulations provide for eligibility at least until the attainment of age 1 in cases where a child has major congenital organ dysfunction that could be expected to result in death within the first year of life without surgical correction and the impairment is expected to be disabling (because of residual impairment following surgery, or the recovery time required, or both) until attainment of 1 year of age- see DI 25225.060, example 3. If the CPD occurred after the surgery, the findings relevant to medical severity include findings prior to the surgery. In these cases, the pre-surgery signs, symptoms, and laboratory findings should be used to determine whether there has been a change in symptoms, signs, and/or laboratory findings relevant to current severity.

C. References

  • DI 25235.005 Medical Diary Criteria for Certain Title XVI Disabled Infants

  • DI 25235.006 Medical Diary Criteria for Low Birth Weight (LBW) Infants under Title XVI

  • DI 28010.029 Overview of How to Evaluate Listings with Time Periods for Which an Impairment is Considered Disabling at the Continuing Disability Review (CDR)

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428010120
DI 28010.120 - Title XVI Child Cases - Functionally Equivalent Impairments Subject to Specified Reexamination - 05/25/2023
Batch run: 05/25/2023
Rev:05/25/2023