TN 1 (12-18)

DI 40505.130 When We May Require Current Evidence

A. Operating policy for obtaining medical evidence

We may require current evidence:

  • If the previous determination appears erroneous; or

  • If advances in medical technology or vocational therapy or technology for a particular impairment raise a continuing disability review (CDR) issue.

B. Procedure for identifying an error

If the file indicates an error, see descriptions of errors per DI 28020.355, Error on the Face of the Record through DI 28020.900, Group II Exceptions.

  • Document on the disability control file (DCF) the date of completion of 9 months of the trial work period (TWP).

  • Prepare SSA-5526-U3 Request for Assistance – Disability:

    • Request the field office (FO) to initiate a CDR. After completion of necessary development, the FO will send the folder to the Disability Determination Services (DDS).

    • Request DDS to make a CDR determination and, if there is a new claim, also to make an initial determination. Tell DDS that reopening the prior determination may be appropriate; and for detailed information concerning reopenings and revisions, refer to DI 27501.000, Reopenings and Revisions: Pertinent Definitions and Related Policy. If DDS finds that the prior determination is not an error, adopt it for the new claim.

After the DDS completes development, they should forward the case back to the FO.

C. New technology or therapy

We will issue developmental instructions if improved treatment methods or changes in vocational therapy or technology justify conducting a CDR(s) before the scheduled diary date.

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DI 40505.130 - When We May Require Current Evidence - 12/18/2018
Batch run: 08/07/2019