TN 7 (10-15)
DI 28075.610 Disability Determination Services (DDS) Development and Evaluation in 1619 Cases
A. DDS development in 1619 cases
All normal development procedures apply in 1619 cases (see DI 28005.001).
The medical improvement not expected (MINE) development procedures in
DI 28040.001 apply if the evidence in file clearly shows that the individual has a MINE or MINE-equivalent impairment. See DI 28040.005.
If the 1619 individual is also entitled to file for Disability Insurance Benefits (DIB), Disabled Widow(er) Benefits (DWB), and Childhood Disability
Benefits (CDB), SSA will require a Title II determination.
For preparation of the determination(s), see DI 28075.620.
For notice preparation, see DI 28075.625 and DI 28075.630.
For lost folder cases, see DI 28035.001.
B. Medical evaluation in 1619 CDRs
The normal CDR evaluation process in DI 28005.000 applies to 1619 CDRs. It is important to recognize that Section 1619 is a work incentive provision. Performance of work does not necessarily indicate medical improvement. However, it is possible that the nature of the work, or some of the tasks done, might indicate what work related functions the individual has the ability to perform on a sustained basis.
Although SGA is no longer a basis for cessation in Title XVI cases, the clear-cut cessation concept may apply. See DI 28030.035;
The Advances in Vocational or Medical Therapy or Technology and Vocational Therapy exceptions to the MIRS do not apply to individuals eligible under 1619 currently or at any time within the last 12 months.
See DI 28020.100 and DI 28020.150; and
DDS will not consider work done during the current period of disability at the past relevant work and other work steps of the evaluation process.
See DI 28005.015A.7.