When an individual is known to a State, or other accredited, VR agency at the time
of the CDR, contact the agency for a full report about the individual, including medical
reports relating to the individual’s current medical status and other evidence pertinent
to a determination. If evidence previously obtained from the agency (e.g., in connection
with the initial adjudication) indicated the case was closed and the individual states
the case has not been reopened, do not make further contact with the VR agency. Evidence
obtained from the individual’s medical sources, together with evidence available through
the VR agency, may be sufficient to permit a sound determination as to whether disability
continues. For procedures on VR involvement “301” cases, refer to DI 28001.040.
If an individual is actively involved in VR-type services, clarify through the FO
whether the “Ticket to Work” program is in use. If the individual is using a “ticket,”
DDS may need to stop development and return the case to the FO for possible screen-out.
See DI 13005.020, DI 55025.001, and DI 55025.010.
Do not make a clear-cut cessation (i.e., cessation without current medical
evidence, on the basis that medical recovery is indicated by return to full-time work without
medical restrictions) when VR services are continuing (DI 28030.035). When current medical evidence establishes MI and a present capacity for doing substantial
gainful activity, find that disability ceases despite the fact that the individual
may be an active participant in a State-sponsored VR program.
EXAMPLE: The DDS found the individual disabled based on multiple fractures and complications
that indicated the disabling MDI would meet the 12-month duration requirement. When
the medical diary came due, the evidence received at the time of the CDR established
that the individual is enrolled in a two-year bookkeeping course under a State-sponsored
VR program. The DDS obtained evidence from the VR agency that stated one year of schooling
remained. The DDS then obtained current medical evidence that clearly established
MI. Therefore, the DDS made a cessation determination.