Section 1614 of the Social Security Act provides that an individual shall be considered disabled
or blind for Title XVI purposes if an individual is:
permanently and totally disabled or blind as defined under a State plan; and
approved under Title X, XIV, XVI, as in effect for October 1972 received aid under
such a State plan (on the basis of either disability or blindness) for December 1973
and for disability cases, received aid for at least 1 month prior to July 1973.
Section 1614 further provides that individuals who meet these criteria will continue
to be disabled or blind for Title XVI purposes so long as they are continuously disabled
or blind as defined by the State plan under which disability was originally established.
The Federal criteria (including medical improvement and its exceptions) will be considered
first, the medical improvement review standard (MIRS) will then be considered with
respect to the State plan criteria.
A non-rollback conversion recipient who has been ineligible because of an event unrelated
to disability may, upon removal of such an event, reestablish Title XVI eligibility
on the basis of meeting the State plan criteria so long as they have been continuously
disabled, as defined by the State plan, since December 1973. If a Federal decision
has been made during a prior continuing disability review (CDR), the case must still
be evaluated under the State plan if the current CDR shows the recipient no longer
meets the Federal criteria.