If the DDS finds a closed period of disability that ends prior to 12/1/91, the PAYMENT
PERIOD will consist of the months of actual disability (up to 48) immediately prior
to 12/91. In the event of multiple closed periods, the PAYMENT PERIOD will be adjusted,
if necessary, to fit within the closed period(s).
The PAYMENT PERIOD will not exceed the number of months the individual was disabled
prior to 12/1/91, less any necessary title II waiting period, up to a maximum of 48
In addition to the normal factors that cause a closed period, in Stieberger , there also is the effect of non-New York denials. If a claimant was denied disability
while residing in another state, the period covered by that denial is not reopened
under Stieberger .