PROGRAM OPERATIONS MANUAL SYSTEMPart DI – Disability InsuranceChapter 235 – Specific Case InstructionsSubchapter 70 – Title XVI Childhood and Age 18 Disability Redetermination Cases (Public Law (P.L.) 104-193 as Modified by P.L. 105-33) - DDSTransmittal No. 45, 09/17/2024
Audience
Originating Component
ODP
Effective Date
Upon Receipt
Background
This Program Operations Manual System (POMS) update revises instructions for the Disability Determination Services (DDS) processing of subsequent disability claims when potential collateral estoppel issues apply as revised in DI 27515.001 and DI 11011.001.
Summary of Changes
DI 23570.010 Disability Determination Services (DDS) Actions to Identify Age-18 Redetermination Cases
This transmittal updates DI 23570.010A2.c examples involving cases that do not require an age-18 redetermination; providing clarity in these procedures.
The DDS should use the following procedures to identify cases that require an age-18 determination.
Each year, we identify cases of Title XVI recipients receiving disabled child benefits who are attaining age 18. Age-18 redetermination cases are initiated and controlled through the disability control file (DCF). When the case involves a paper folder, the DDS receives these cases from the FO identified as an age-18 redetermination.
The DDS must use the following guidelines when identifying and reviewing a case for an age-18 redetermination.
Paper case involving an individual over age 18
When a case involves a paper folder due to an electronic disability control system (EDCS) exclusion, the DDS must review the Supplemental Security Income Display (SSID) query to determine if the case is an age-18 redetermination. For additional information on receipting an age-18 redetermination in the DDS see DI 23570.020C. For additional information on electronic age-18 redetermination cases, see DI 81010.232.
Review of the claim folder
During the continuing disability review (CDR) process, the DDS may identify individuals who attained age 18 in the past, on or after August 22, 1996, and are subject to an age-18 redetermination.
An age-18 redetermination is required if, the DDS examiner finds that the Title XVI recipient was:
eligible in the month before the month of attainment of age 18; and
an age-18 medical redetermination or a determination under the adult initial claims standard was never done.
Before initiating an age-18 redetermination, the DDS must send notices to the disabled individual and representative payee that an age-18 redetermination will be done rather than a CDR. The DDS must send this notice as soon as possible after the DDS recognizes that a medical redetermination is appropriate. For an example of an age-18 redetermination notice, see DI 23570.100. The DDS must review the SSID query mentioned in DI 23570.020.
Prior determination made using the adult criteria
An age-18 redetermination is not appropriate if the individual has otherwise had a favorable determination under the adult initial claims standard after attainment of age 18.
Examples of cases that do not require an age-18 redetermination:
an age-18 redetermination has already been done;
a favorable Title II adult determination (child disability benefits (CDB), disability insurance benefits (DIB) claims), that was processed after the individual attained 18, (this excludes collateral estoppel determinations for reasons explained in DI 11011.001D.1) or
a CDR after age 18 resulted in a continuance based on meeting or equaling an adult listing, or on a residual functional capacity (RFC) assessment plus consideration of vocational factors. However, if the comparison point decision (CPD) was a child determination and the case was continued based on no medical improvement (MI), or no MI related to the ability to work, the determination is not a determination under the adult initial claim standards and the case still requires an age-18 redetermination.
NOTE: For cases that meet the above criteria, complete the form SSA-832 (Cessation or Continuance of Disability or Blindness Determination and Transmittal- Title XVI) as usual with a favorable determination.
Screening out a CDR after an age-18 redetermination
If an age-18 redetermination was completed within the last 12 months and a new CDR is pending, the DDS examiner should apply a “no determination” (ND) decision to the CDR case providing that the medical diary has not matured and will not mature in the next 3 months. If the case meets these conditions, the DDS must return the folder to the FO requesting an update to the record to reflect the diary period established by the DDS at the time the age-18 redetermination was processed. For additional information on the screen out process, see DI 28003.005.
The FO must provide a notice initiating the medical redetermination in cases identified as they attain age 18. The agency requires a special notice for those cases identified by the DDS during a CDR as requiring a medical redetermination or in situations in which a CDR was erroneously developed within 12 months after the age-18 medical redetermination was made (and the medical diary has not matured or will not mature in the next 3 months). The DDS must send the special notice prior to the issuance of a medical determination and must inform both the individual and representative payee that a medical determination will be processed using the initial adult standard. For an example of the medical redetermination notice, see DI 23570.100.
NOTE: The DDS must send a separate notice to the disabled individual and the individual's representative payee.