Basic (10-04)

DI 40540.001 Section 1619 CDRs


Effective July 1, 1987, P.L. 99-643 made permanent the work incentive provisions of Section 1619 of the Social Security Act. It provides that disabled title XVI recipients who are working will not be ceased for performance of substantial gainful activity (SGA). (However, SGA determinations are still required on initial claims.) They will continue to remain eligible for disability regardless of earnings (unless earnings exceed the State or individual threshold amount) so long as the medical condition does not improve or until eligibility is terminated for a nondisability reason. While the law provides for this continuing entitlement (as well as eliminating SGA as a basis for cessation, and the trial work period (TWP) and extended period of eligibility (EPE) provisions for title XVI recipients), it also provides that a continuing disability review (CDR) must be conducted at certain times to verify this continued disability or blindness eligibility.

Prior to December 1999, section 1619 medical folder reviews were performed by the Office of Disability Operations (ODO). ODO determined if a CDR was required based on the medical folder review. Effective December 1999, the review of 1619 cases by ODO was abolished. The field office (FO) will determine if a CDR is required based on a review of the record.

See DI 13005.016 and DI 13005.018 for 1619(a) and 1619(b) policy and procedure.

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DI 40540.001 - Section 1619 CDRs - 10/05/2004
Batch run: 04/14/2014