The MIRS states that an individual's period of disability is continued unless his/her
prior impairment(s) has improved since the last favorable disability determination,
and the person can now engage in substantial gainful activity (SGA), where relevant,
unless an exception applies.
The law provides for exceptions to medical improvement (MI) when disability can be
found to have ended even though MI has not occurred.
(Citation: 20 CFR 404.1594(d) and (e), 416.994(b)(3) and (4))
Among the exceptions to the requirement for MI under the MIRS are the following:
Unless there is enough evidence to justify a continuance, SSA may find that an individual's
disability has ended when there is a question whether the individual continues to
be disabled and:
(FTC) the individual fails, without good cause, to go for a physical or mental examination or to furnish requested medical or other
evidence necessary to determine if disability continues, or
(WU) SSA is unable to find the individual to determine if disability continues.