Identification Number:
DI 28030 TN 40
Intended Audience:See Transmittal Sheet
Originating Office:ODP
Title:General Development of CDR Cases
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part DI – Disability Insurance
Chapter 280 – Continuing Disability Review Cases
Subchapter 30 – General Development of CDR Cases
Transmittal No. 40, 07/14/2021

Audience

PSC: CS, DE, DEC, DTE, IES, RECONR, SCPS, TSA, TST;
OCO-OEIO: CR, ERE, FDE, RECONE;
OCO-ODO: BET, CR, CTE, CTE TE, DE, DEC, DS, PETE, PETL, RECONE;
ODD-DDS: ADJ, DHU;

Originating Component

ODP

Effective Date

Upon Receipt

Background

Reference section titles updated to reflect recent revisions to DI 28020 sections published 07/01/2021.

Summary of Changes

DI 28030.030 Development of Vocational Evidence

DI 28020 reference titles updated in subsection C.

DI 28030.030 Development of Vocational Evidence

A. Consideration of vocational factors

The disability examiner (DE) must consider vocational factors in Title II and adult Title XVI cases when a continuing disability issue cannot be resolved on medical factors alone. The guides for developing vocational information in initial cases apply to continuing disability review (CDR) cases. DEs should develop both education and training acquired after disability onset, as they may be relevant to the determination.

In certain cases:

  • A return to work, and substantial gainful activity, does not provide a basis for cessation in Title II cases.

  • A continuance or cessation determination cannot be made on medical grounds alone (including consideration of medical improvement).

In these cases it is necessary to determine whether individuals can perform past relevant work and, if not, what other work they can do that exists in significant numbers in the national economy.

B. Vocational development

Many cases allowed based on medical considerations alone often show minimal vocational development. Therefore, it may be necessary to obtain a full description of the individual's work history for the 15 years prior to the point at which the continuing disability issue arose.

Vocational therapy is an exception to the medical improvement review standard (MIRS). Consider whether additional education or training received since the comparison point decision (CPD) falls under the vocational therapy exception. Vocational development must be complete enough to determine whether the education or training focused on a specific type of job(s).

C. References

  • DI 25005.005 Expedited Vocational Assessment at Steps 4 and 5 of Sequential Evaluation

  • DI 25010.001 Special Medical-Vocational Profiles

  • DI 28020.100 Group I Exception - Advances in Medical or Vocational Therapy or Technology

  • DI 28020.150 Group I Exception - Vocational Therapy


DI 28030 TN 40 - General Development of CDR Cases - 7/14/2021