TN 60 (08-96)

DI 32586.030 DDS Development -- Stieberger

Policy

In addition to the following items, see DI 32586.005. (Also, see DI 32586.010B.1. for how pipeline cases are processed.)

1. Non-pipeline cases

The settlement was designed to limit development whenever possible to a period that begins 48 months prior to the date SSA receives a request for review. However, it may be necessary to develop an earlier period, a later period, or to develop all the way back to the alleged onset (or the month of cessation) in the earliest title II Stieberger claim or the date of filing (or date of cessation) in the earliest title XVI Stieberger claim. The FO will calculate the basic 48-month DEVELOPMENT PERIOD and advise the DDS. The DDS will make the determination as to the need to develop all the way back to the alleged onset in the earliest title II Stieberger claim, or the date of filing in the earliest title XVI Stieberger claim.

See DI 32586.035 for a description of how the FO computes the basic DEVELOPMENT PERIOD.

While the PAYMENT PERIOD also may be limited, it may start earlier than the DEVELOPMENT PERIOD. (See DI 32586.045 and DI 32586.050 for a description of how the FO computes the PAYMENT PERIOD).

The FO will compute the DEVELOPMENT and PAYMENT PERIODs prior to sending a Stieberger case to the DDS. DEVELOPMENT and PAYMENT PERIOD information will be shown on the DEVELOPMENT/PAYMENT PERIOD Worksheet (Exhibit 3, DI 32586.095) which will be prong filed on the right side of the DIB jacket, just below the SSA-831-U3.

2. Continuing entitlement/eligibility

Although the Stieberger PAYMENT PERIOD is limited, a class member may remain on the rolls after the last month of the PAYMENT PERIOD as long as all factors of entitlement/disability continue to be met.

3. Concurrent cases

Because the factors affecting the computation of the PAYMENT PERIOD for title II and title XVI are different, a concurrent case may have different PAYMENT PERIODS under each title. One DEVELOPMENT/PAYMENT PERIOD Worksheet (DI 32586.095, Exhibit 3) may be used in concurrent claims.

4. Assessing current disability

Disability will be developed from the date SSA received the Stieberger request for review to the present. In all cases, the usual medical development adjudicative standards will be applied. Be sure to apply applicable Second Circuit case law. See DI 32586.080.

If the claimant has subsequently been found to be disabled, in the absence of evidence to the contrary, it will be assumed that the favorable decision on the subsequent claim was correct. Development and readjudication will be limited to the period up to the date of onset established in connection with the subsequent claim. However, if new evidence submitted or developed in connection with the Stieberger readjudication raises a question of continuing disability, adjudicators will not be barred from considering and deciding the issue under normal continuing disability review procedures. Also, note DI 32586.001, item 7., for the impact of the DEVELOPMENT PERIOD.

5. Work activity

Work activity may affect entitlement, onset, or the DEVELOPMENT PERIOD. The FO is responsible for developing work activity. If the DDS discovers work activity that is not reflected on the SEQY and that may affect the DEVELOPMENT PERIOD, the case will be returned to the FO for development and possible recomputation of the PAYMENT and DEVELOPMENT PERIODs.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0432586030
DI 32586.030 - DDS Development -- Stieberger - 02/21/2013
Batch run: 02/21/2013
Rev:02/21/2013