The 3-year remission rule that applies to most cancers is not the same as the specified
timeframe of disability directed by some cancer listings.
If an individual’s impairment(s) meets or medically equals the cancer listings (13.00
and 113.00), a 3-year period of remission is generally required before cessation under
the Medical Improvement Review Standard (MIRS) is possible. However, there are exceptions
to considering a 3-year remission period.
The 3-year period of remission does not apply to cases where:
The listing indicates a specified timeframe, or
The listing indicates a minimum period of disability.
Cancer impairments that meet or equal a cancer listing that does not indicate a specified
timeframe or a minimum period of disability in the listing criteria will require a
3-year period of remission prior to considering whether there is medical improvement.
After the 3-year remission period in these listings has expired at the CDR, the impairment
no longer meets the cancer listing. However, it is possible that the individual may
continue to be disabled at the CDR when their impairment(s) meets a current cancer
listing criteria at Step 2 of the Title II and adult Title XVI CDR sequential evaluation
process or Step 3 of the Title XVI CDR sequential evaluation process.
In most cases, a medical improvement possible (MIP) diary would have been set at the
CPD for listings when the remission rule applies. The remission rule applies at the
time of the CDR unless the cancer was in remission at the time of the CPD.
For additional information, see DI 26525.010.