TN 14 (02-10)
DI 40515.100 Title II and Title XVI Statutory Benefit Continuation During Medical Cessation Appeal
CITATIONS: Social Security Act - Sections 223(g) and 1631(a)(7) ; Regulations - 20 CFR 404.1597 - 404.1597a and 416.995 - 416.996
A. Introduction to statutory benefit continuation during medical cessation appeal
Congress enacted a benefit continuation statute to help prevent financial hardship to beneficiaries who appeal a medical cessation determination.
Operationally, the field office (FO) is the focal point and is responsible for processing statutory benefit continuation cases after the adverse medical determination has been made.
B. Option for continuation of benefits during appeal
Option for continuation of benefits during appeal applies to:
1. Title II cases
Medical improvement determinations for Title II made after January 11, 1983.
NOTE: Section 5102 of P.L. 101-508, the Omnibus Budget Reconciliation Act of 1990, made benefit continuation a permanent provision.
2. Title XVI cases
Medical improvement determinations for Title XVI made after October 1984. See SI 02301.300.
DI 12027.000, Statutory Benefit Continuation (SBC).
DI 28080.110, Disability Determination Services (DDS) Processing of Medical Cessation Cases – P.L. 98-460.
DI 28080.115, Disability Determination Services (DDS) Special Situations.