PROGRAM OPERATIONS MANUAL SYSTEMPart DI – Disability InsuranceChapter 201 – DDS JurisdictionSubchapter 01 – DDS JurisdictionTransmittal No. 6, 09/11/2020
This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedures.
Summary of Changes
DI 20101.001 Disability Determination Services (DDS) and Social Security Administration (SSA) Jurisdictions for Initial and Subsequent Cases
We removed references to FO application of collateral estoppel for consistency with the revised collateral estoppel POMS. In addition, we removed POMS titles when context is given and updated POMS titles when no context is given throughout for usability.
NOTE: For instructions on jurisdiction based on residency, see DI 20101.030A.
A claimant may file a disability claim many months before attaining insured status when wages are earned within the calendar year, but not yet posted as quarters of coverage (lag earnings). The field office (FO) may determine insured status up to 9 months prior to the actual accrual of the insuring quarters within that calendar year. If a claimant files a disability claim prior to meeting insured status, the FO:
Annotates the SSA-3367 Disability Report – Field Office with the future date of insured status, “Date first insured”, and the mm/dd/yy listed; and
Forwards the claim to the DDS for a disability determination.
NOTE: The FO cannot technically deny these claims for lack of insured status since insured status is met at some future date.
If the DDS allows the claim, the DDS:
Establishes an onset date based on the medical and other evidence in file; and
Forwards the claim to the FO.
The FO corrects the onset date to the first day of the quarter the claimant meets insured status. This date is the established onset date (EOD) and the waiting period is counted from the EOD.
The FO sends the case back to the DDS for an amended EOD and the DDS adjudicates the case accordingly if the FO later determines that it needs to amend the date first insured due to:
An earlier onset date can be established; or
Other technical reasons.
GN 00204.007B – Application Filing Date
DI 25501.300A – Established Onset Dates (EOD) for Disability Insurance Benefit (DIB) Claims
The FO may refer a case to the DDS for a new disability determination if:
There is a possibility of a reopening;
There is a possibility of collateral estoppel; or
A claimant was denied using medical listings that were correct when the determination was made, but have since been revised due to new policy considerations.
DI 27505.020 – Change of Ruling or Legal Precedent (Change of Position).
DI 27516.010 – Disability Determination Services (DDS) Medical Evidence Criteria to Determine Applicability of Res Judicata.
DI 27501.005 – Reopening and Revising a Determination or Decision.
DI 27515.000 – Collateral Estoppel.
The FO may request the return of a case when it discovers that it is a non-medical technical denial and a DDS determination is not warranted.
The DDS returns the case to the FO:
For certified electronic folders (CEF), route according to the instructions in DI
81020.127 and DI
For modular disability folders (MDF), route according to the instructions in No Determination Routing DI 32005.020.
DI 81020.115 - Processing Reopenings
A subsequent title II claim filed after a disability denial is the jurisdiction of the DDS if the insured status requirement is still met after the date of the prior denial. The DDS must determine if disability is met in the unadjudicated period.
Use the chart below to determine SSA jurisdiction based on claim type, and the AOD or POD. The SSA has jurisdiction when a disability application is:
AOD or POD is after
The Date Last Insured (DLI).
The end of the DWB prescribed period (PP).
The date the claimant attains the age of 22.
The SSA has jurisdiction when a disability application is filed and:
The claimant's disability insured status or applicable prescribed period expired within the period adjudicated by the previous determination that he or she was not disabled; or
The claimant’s insured status or prescribed period has expired and, although the exact date of the prior denial is unknown, it is clear that it was after the end of the date last insured or prescribed period.
NOTE: If, in either of the above situations, a claim is inadvertently sent to the DDS, the FO alerts the DDS to transfer the case back to the FO.
For exceptions, see DI
DI 81020.125 – Electronic Case Routing Before Final Determination
DI 10115.040 – Childhood Disability Benefit (CDB) Reentitlement & Trial Work Period (TWP) Issues
DI 11020.060 – Disability Determination Services (DDS) Jurisdiction and Routing
DI 81020.075 – Field Office (FO) Determinations.
The SSA has jurisdiction when:
A child alleges traumatic onset of disability after attainment of age 22 and was not previously entitled to CDB;
A child was previously found not disabled through age 22;
A claimant has an impairment of a non-traumatic origin and alleges onset after age 23; or
A claimant engaged in SGA after age 22 and a period of CDB entitlement cannot be established prior to age 22.
A subsequent disability claim has been filed by, or on behalf of, a disabled child for whom a disability determination of denial or cessation was previously made; and
The AOD on the current claim is more than 7 years after the previous CDB terminated.
EXCEPTION: Section 420A of P.L. 108-203 allows re-entitlement to childhood disability benefits after the 7-year period if the beneficiary’s previous entitlement to disability terminated because of substantial gainful activity.
NOTE: The FO or the Program Service Center (PSC) may request DDS action if the subsequent claim is filed under one of the applicable circumstances described in DI 20101.001B.4.
DI 23505.010 — Childhood Disability Beneficiary (CDB) Reentitlement.
Generally, the DDS has jurisdiction when a DIB, DWB, or CDB claim is filed in the FO and the claimant is receiving title II benefits (e.g., a current CDB or DWB claim is received for a claimant with a prior DIB claim). Supplemental Security Income (SSI) claims filed are the jurisdiction of the DDS. For DIB, DWB, and CDB claims obtained by ODO or a PSC, see DI
With the exception of Railroad (RR) annuitant cases, ODO or the PSC transfer claims to the DDS for any additional development relating to onset for disability benefits or continuance of disability.
When an FO technical denial is reversed and reactivated, the FO sends the claim to the DDS for an initial medical determination instead of a reconsideration determination. The DDS processes the claim according to the instructions in DI
The DDS has jurisdiction for disability or blindness determinations needed for qualified non-citizens, age 65 or older, who:
Were lawful residents in the United States on 08/22/96;
Are qualified non-citizens;
Are disabled or blind as defined in the Social Security Act, regardless of age or date of onset; and
Meet all other eligibility requirements for SSI.
Section 5032 of P.L.
101-508 provides that, effective 05/01/91, individuals age 65 or over may establish eligibility under Section 1619(b) provided they are found disabled or blind under SSA rules. Annotate: ”Aged Individual -1619(b) eligibility determination” on the Electronic Disability Collect System (EDCS) Routing Form, in Item 11 of the SSA-831, or in the “Remarks” field of the DI16 (Disability Transmittal) for modular disability folders (MDF).
For additional instructions, see SI 02302.030C.7.
A claimant may elect to change his or her claim category (e.g., from disabled to blind, or from disabled to aged) when seeking a higher state supplemental payment. Further, claimants may initially apply as disabled or blind after attaining age 65. Process these claims according to the instructions in DI
A non-citizen is deemed with the income and resources of his or her immigration sponsor(s) and the sponsor’s spouse for a period of 3 years after admission into the U.S., unless, regardless of age, he or she becomes blind or disabled after admission into the U.S. for permanent residence. You can identify these cases by checking the remarks section of the 3367 in the Electronic Disability Collect System for the remark “Non-Citizen Case-Date of Admission (date). The DDS processes these cases according to the instructions in SI
NOTE: This deeming exception does not apply to individuals who are admitted to the country under “new” affidavits of support described in SI
Under the Balanced Budget Act of 1997, enacted on 08/05/97, a blind or disabled non-citizen can be SSI-eligible regardless of the non-citizen’s age and date of onset of disability or blindness if he or she meets:
BOTH the following criteria:
He or she was lawfully residing in the U.S. on 08/22/96; and
At the time of application, is a qualified non-citizen (see SI
Meets an exception condition for qualified non-citizens (see Basic SI
Is in one of five designated non-citizen status classifications, and the status was granted within 7 years of the date he or she filed for SSI (see SI
If the FO forwards a claim to the DDS and later finds that the claimant is not eligible due to non-disability eligibility criteria; e.g., income or resources are not met, the FO notifies DDS to stop development and return the case immediately via an “FO determination alert” in eView.
Upon receipt of the FO alert, the DDS:
Stops all medical development;
Prepares a “No Determination;”
Transfers the claim to the FO that made the determination; and
Sends the claim to case closure.
If the folder has already been returned to the FO as the result of a phone call or electronic notification, disregard the alert message.
NOTE: Return MDFs according to the instructions in DI
81020.075. If concurrent title II and title XVI paper claims are involved, the DDS stops all actions on the title XVI claim and continues to process the title II claim, following the routing procedures in DI
DI 81020.075 – Field Office (FO) Determinations
DI 81020.080 – Certified Electronic Folder (CEF) Alerts
DI 81020.127 – Processing “No Determination” (ND) Claims
DI 81010.140 – Processing Field Office (FO) Determinations