TN 47 (08-96)
DI 42586.035 Special Considerations in Processing Favorable Stieberger Decisions -- Title II
Entitlement and payment in Stieberger claims are limited by the special Stieberger rules. The FO will have prepared an SSA-101-U3 based on these rules, including appropriate computations and other remarks.
In general, after the initial Stieberger date of entitlement, normal rules apply for suspensions, deductions, and terminations. (Note: An auxiliary claimant on the record - see DI 42586.070A.6. - of a Stieberger class member is subject to the regular entitlement requirements and development rules.) Exceptions are noted in B., C., and D., below.
B. Policy -- insured status
For the purposes of Stieberger adjudication, the claimant generally need not have insured status as of the established onset, as long as (s)he was insured as of the AOD. (Insured status will be deemed met for certain claimants.)
C. Effect of work
Work performed prior to 12/1/91 that is discovered during Stieberger reopening will be considered in determining whether the claimant is disabled (see DI 12586.040), but will not be used to assess trial work months, impose SGA suspensions, or to impose SGA terminations.
D. Termination and re-entitlement
When there has been a termination because of subsequent SGA (see C.), if the claimant is currently disabled use the date SSA received the request for Stieberger review to protect the filing date for a new claim. Such a period represents a separate period of entitlement, and a separate period of disability; PIAs and rates must be computed for each entitlement period separately.
Similarly, if the beneficiary's entitlement must be terminated because (s)he received a medical denial (or cessation) for a period when (s)he lived outside New York State (see DI 32586.020), the period of disability and entitlement ends with the month of alleged onset in the non-New York State denial. If the beneficiary has been found to be currently disabled, a new period of disability and entitlement can be established as of the day after the date of the non-New York State denial.
If any of the above exceptions to normal entitlement rules apply, the Special Message field of the MBR must be annotated to show “Special Stieberger rules used.”