For Title II claim types, the POD can be the AOD unless non-medical factors result
in a different POD. See the chart below.
To determine the POD:
-
1.
Consider whether a technical factor(s) such as date first insured (DFI), date last
insured (DLI), controlling date, the attainment of age 22, and SGA are material.
-
2.
If no technical factor limits the POD to a date later than the AOD, consider whether the POD could be earlier than the AOD.
Evaluate these situations on a case-by-case basis. An earlier POD might be appropriate
when allegations indicate impairment(s) existed prior to the AOD, and the claimant
was working prior to the AOD, but you determine the work was not SGA. For example,
prior to the AOD the claimant may have:
-
•
had subsidized employment,
-
-
•
had a UWA, as recommended to the DDS by the FO,
-
•
been in pay status, but out on sick leave or received other type(s) of non-countable
income after the date last worked (for information on military pay and SGA, or
-
EXAMPLE of an earlier POD: A claimant had a heart attack on 04/26/2010. From 04/27/2010 through 06/26/2010,
claimant did not work but received sick pay. On the application, alleged disability
because of the heart attack and stated disability began on 06/27/2010, when sick pay
ended. The POD would be 04/26/2010, the date of heart attack, even though AOD is 06/27/2010.
EXAMPLE of a later POD: A claimant alleges disability since 11/02/2009. The application, indicates the claimant
performed SGA until 10/30/2009 and from 12/17/2009 until 03/15/2010, after the AOD.
The POD may be 03/15/10, the day the claimant last performed SGA, although it may
be 10/30/2009 if the FO believes a UWA is likely.
3. Document the POD determination on the EDCS 3367 or the SSA-3367.
ALERT: This chart is for FO use. For DDS guidance, refer to the instructions in subsection
C.2.
Remember, if no technical factor limits the POD to a date later than the AOD, the
POD could be earlier than the AOD, but not earlier than the DFI or the date the claimant
last performed SGA. Always develop the earliest POD possible. Consider the factors
listed on this chart when determining the earliest POD.
Claim Type
|
The POD
can
be:
|
Disability Insurance Benefits (DIB)
|
the latest of:
-
-
•
date the claimant last performed SGA, or
-
|
Disabled Widow(er) Benefits
(DWB)
|
the latest of:
-
-
•
date the claimant last performed SGA, or
-
REMINDER: If the claimant performed SGA through the end of the prescribed period, there is
no POD and no DWB entitlement. For related policy, see DI 10110.001D and DI 11005.050A.
|
Childhood Disability Beneficiary-Retired or Deceased
(CDB-R) (not re-entitlement)
|
the earliest date that provides the claimant with a fully favorable EOD, and also:
-
•
Precedes the month of attainment of age 22,
-
•
Is no earlier than the date the claimant last performed SGA, and
-
•
Affords maximum retroactivity of 6 months based on the filing date and the NH’s entitlement
month or date of death.
For more information refer to the chart in DI 25501.330A.9.
|
Childhood Disability Beneficiary-Disabled
(CDB-D) (not re-entitlement)
|
the earliest date that provides the claimant with a fully favorable EOD, and also:
-
•
Precedes the month of attainment of age 22,
-
•
Is no earlier than the date the claimant last performed SGA, and
-
•
Affords maximum retroactivity of 12 months based on the filing date and the NH’s entitlement
month.
For more information refer to the chart in DI 25501.330A.8.
REMINDER: If the applicant has never been entitled to CDB benefits and the FO cannot establish
the POD prior to age 22 because of SGA performed after age 22, the FO must deny the
claim for SGA, see DI 10115.022B.
|
CDB Re-entitlement
|
the latest of:
-
-
•
date the claimant last performed SGA, or
-
•
date the youngest child-in-care attained age 16.
REMINDER: CDB benefits may be reinstated after the usual 84-month period (7 years) if the beneficiary’s
previous disability entitlement terminated because of the performance of the CDB claimant’s
own SGA. See DI 23505.010A.
|
Disabled Minor Child
(DMC)
|
the latest of:
-
-
•
date the child last performed SGA,
-
•
date the youngest child-in-care attained age 16, or
-
•
controlling date (the first date the parent can be entitled to benefits).
For related information about DMC claims, refer to DI 11025.010 and DI 23505.001.
|
Medicare for Qualified Government Employment (MQGE)
|
the latest of:
-
-
-
•
date the claimant last performed SGA, or
-
•
17 months prior to the protective filing date (or filing date if there is no protective
filing date).
For related information about MQGE claims, refer to DI 11035.000.
|
See instructions on documenting the POD:
DI 11005.045 Completing the SSA-3367 (Disability Report-Field Office)
DI 81010.025 Completing Electronic Disability Collect System (EDCS) Forms for Initial Claims.
NOTE: If the FO must update the POD while the claim is under DDS jurisdiction, use the
update after transfer (UAT) process.