TN 3 (04-12)
DI 28080.115 "301" and Extended Period of Eligibility Cases
A. "301" cases
1. Statutory benefit continuation (SBC)
SBC under P.L. 98-460 applies to medical cessations in which there may be a potential for continued benefits under Section 301 of P.L. 96-265 due to participation in a vocational rehabilitation (VR) or similar program. However, SBC is not applicable to an appeal of the "301" decision only.
In cases involving medical cessations, offer election of SBC, even though benefits may continue under the section 301 provision.
2. Disability Determination Services (DDS) actions
For initial cessations (in lieu of a pre-determination) and reconsideration affirmations, prepare the personalized rationale on the SSA-4268, Explanation of Determination, following the instructions in DI 13010.180, and place it in the official claims file.
Prepare and release the cessation notice with SBC rights to the primary beneficiary and to any auxiliary not residing in the same household as the beneficiary.
The DDS no longer develops “301” eligibility. Return all potential 301 cases to the field office (FO). The FO develops "301" eligibility, then forwards the case to the Office of Disability Operations, see DI 81020.250A.
NOTE: For the appeals process for section 301 cases, see DI 14510.035.
B. Extended Period of Eligibility (EPE) cases
For special notice instructions for EPE cases, see DI 12027.040 and DI 28055.000. After completing the notice, route the folder to the FO.