TN 3 (07-15)
DI 28015.200 Title II Beneficiary Now Over Age 18, but Comparison Point Decision (CPD) Used Part B Listing
Apply the regular “adult” evaluation process described in DI 28005.005.
For Title XVI recipients originally allowed as children and who attained age 18 before 08/22/96, apply the continuing disability review (CDR) evaluation process described in DI 28005.016.
For Title XVI recipients originally allowed as children who attained age 18 on 08/22/96 or later, see Public Law 104-193 in DI 23570.001.
A. Relating medical improvement (MI) to the ability to work
1. Use Part B listings in the current CDR
Consider the previously used listing to determine if MI is related to the ability to work, even though Part B ordinarily does not apply after age 18.
2. Use Part B after age 18
a. Current findings
Consider current findings, including recipient’s age.
b. Age 18 and Listing is no longer met
Consider the prior Listings of Impairments as instructed in DI 34100.000. Do not use the beneficiary’s age by itself for finding the listing is no longer met.
c. Different criteria by age
When considering listing sections that contain different criteria broken down by age, apply the criteria that apply just before age 18 (even though the beneficiary is now over 18).
B. Examples of over age 18 but CPD used Part B listing
1. Hearing impairment
a. CPD at age 4
An individual with a hearing impairment met Listing 102.08A.
b. First CDR at age 12
The same listing section (102.08) applies in deciding whether MI is related to the ability to work. However, a different subsection (B, applicable to children age five and over) applies. Based on evidence concerning the hearing impairment, disability continues.
c. Second CDR at age 20
Continue to apply the criteria in listing 102.08B in relating MI to the ability to work, because those criteria applied just before age 18 and were used in the CPD (i.e., the CDR at age 12).
2. Growth impairment
a. CPD at age 16
An individual with pituitary dwarfism met Listing 100.02.
b. CDR at age 19
Consider findings such as increased height and closure (or non-closure) of major epiphyses in deciding whether the impairment still meets Listing 100.02. To give appropriate consideration to the beneficiary’s current age, consider mean growth data applicable to age 19 (if available).