TN 25 (09-93)
HI 00801.153 D-HI Qualifying Period for Individuals Awarded DIB Under Section 332 of P.L. 98-21
Section 332 of P.L. 98-21 relaxed the rules for establishing insured status for disabled individuals who had previously been entitled to a period of disability prior to attainment of age 31 by virtue of meeting the “special insured” status test discussed in RS 00301.140. The first month for which DIB was payable or for which Medicare entitlement could have been established under this provision was 5/83.
This provision is applicable only to individuals whose current onset date is 4 /30/88, or earlier.
D-HI should be established in accordance with the following rules:
If the individual was entitled to DIB within 5 years (60 months) before the month of current onset (i.e., no DIB waiting period would have been required had section 332 been in effect at the time), all months beginning with the first month throughout which the individual was disabled up to and including 4/83 are deemed to be months of DIB entitlement. Also, months in the prior period may be counted in determining when the 24-month D-HI qualifying period requirement is met. D-HI begins with the person's 25th month of deemed and actual entitlement to DIB but no earlier than 5/1/83.
If current onset is more than 5 years after a prior period of DIB entitlement, the individual must begin a new 24-month D-HI qualifying period. Also, since a new 5-month DIB waiting period would have been required had section 332 been in effect prior to 5/1/83, the first month of deemed entitlement is the sixth month throughout which the individual is under a disability. D-HI begins with the first day of the 30th month throughout which the individual was under a disability, but no earlier than 5/1/83.
Although Medicare could not be established prior to 5/1/83, months prior to 5/83 in which the individual was disabled and would have been entitled to DIB had section 332 been in effect prior to 5/1/83 may be deemed to be months of DIB entitlement for purposes of determining when the 24-month D-HI qualifying period requirement was met.