TN 1 (04-00)
DI 28010.120 Title XVI Child Cases - Functionally Equivalent Impairments Subject to Specified Reexamination
The regulations contain specified timeframes for the review of certain conditions that have been determined to functionally equal the listings for title XVI child claims (e.g., infants weighing less than 1200 grams at birth). The instructions in DI 28010.120B. explain how to determine the CPD findings for these cases.
1. 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) -- see DI 25225.060, example 8. 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 findings should be used to determine if there has been a change in symptoms, signs, and/or laboratory findings relevant to current severity.