TN 16 (08-24)

DI 28010.020 Comparison Point Decision (CPD)

CITATIONS:

20 CFR 404.1594(b)(7), 416.994(b)(1)(vii), and 416.994a(c)(1)

A. General CPD information

The CPD is the most recent favorable medical decision that the individual was disabled or continued to be disabled.

The most recent favorable medical decision is the latest final determination or decision involving a consideration of the medical evidence and whether the individual was disabled or continued to be disabled.

The CPD date is the date that the adjudicator, Administrative Law Judge (ALJ), or Administrative Appeals Judge (AAJ) signed on the most recent favorable SSA-831, SSA-832/833, or decision.

B. Which decision is the CPD?

1. CPD criteria met

The following types of decisions are CPDs (see DI 28010.020A) when they meet the following criteria:

  • Decisions (based on medical evidence that was current at the time of the decision) that the individual continues to have a disabling impairment, or

  • Adoption decisions (i.e., collateral estoppel decisions) that included consideration of current medical evidence, including consideration of medical, functional, or medical/vocational issues, or

  • The earlier favorable medical decision (usually under a different title) that was used as the basis for applying collateral estoppel

NOTE: If a collateral estoppel determination was made and did not include consideration of medical evidence at the time of adoption , do not use the collateral estoppel determination as the CPD.

2. CPD criteria not met

The following types of decisions do not involve consideration of medical issues. They are not appropriate CPDs because the supporting evidence for the decision does not provide a suitable basis for medical improvement review standard (MIRS) comparisons. Therefore, do not use the following types of decisions as CPDs:

  • Collateral estoppel adoption determinations without consideration of medical issues, including collateral estoppel adoptions completed by the field office (FO). Rather, the CPD is the decision that was the basis for collateral estoppel, such as the most recent prior favorable determination or decision based on meeting or equaling a listing (or functionally equaling a listing), an allowance based on medical-vocational rules, or a CDR related decision (such as a decision finding no MI).

  • SSA-899-U2's (Continuing Disability Review) categorizing individuals as permanently impaired, without evaluation of then-current medical evidence

  • Reinstatement under a CDR moratorium

  • Decisions based solely on work

  • Decisions not involving consideration of the issue of current disability (e.g., most decisions on appeals requesting an earlier onset)

3. Closed period

a. CPD in closed period allowance cases

Use the established onset date as the comparison point. For further information on closed period cases, see DI 25510.001.

b. Adoption decision

Use the prior medical decision on the previously adjudicated claim that resulted in a favorable medical decision as the CPD, when adopting a prior decision results in:

  • A closed period decision on a new claim, and

  • Simultaneous cessation of benefits on a previously adjudicated claim.

4. Non-rollback conversion

a. Comparison points

Two comparison points may apply:

  • DI 28001.045 explains when cases must be evaluated under the State plan,

  • DI 28035.025F discusses additional considerations related to comparison points in non-rollback conversion cases where evidence from the prior State decision is not available and cannot be reconstructed, and

  • DI 28075.010 provides guidance for procedures and development of non-rollback conversion cases

b. Federal criteria

Use the most recent favorable decision under the Federal criteria as the CPD, as discussed in this section. If there is no prior favorable Federal decision, use the most recent medical decision granting or affirming entitlement under the State criteria as the CPD.

c. State criteria

Use the most recent medical decision granting or affirming entitlement under the State criteria as the CPD in considering State criteria.

5. Unclear CPD

If the appropriate CPD is unclear, the adjudicator must review any available documents from the prior favorable medical determination. For example, the SSA-831, SSA-832, or SSA-833 may contain the regulation basis code or vocational rule that was used to support the favorable determination if the medical assessments cannot be located.

If there is an inconsistency between the information entered on the SSA-831 and the medical assessment (e.g., the CPD medical assessment indicates the individual met listing 4.02 but the SSA-831 indicates the individual met listing 4.06), the adjudicator must carefully review the available evidence to determine the correct basis for the decision to follow the CDR sequential evaluation process and determine if medical improvement has occurred.

If the CPD folder is lost and the adjudicator cannot determine the CPD date or basis, the adjudicator must follow instructions in DI 28035.015A to attempt to identify the CPD date prior to reconstruction. After identifying the CPD, the adjudicator follows the instructions in DI 28035.020 to reconstruct the folder.

Queries may also be a useful tool to help determine the basis for the CPD (including application of a collateral estoppel adoption determination by the FO) or resolve inconsistencies, see DI 28035.015B.

The table contains examples of useful data to determine the CPD that may be found within common queries, such as the Supplemental Security Income Display (SSID), Full Account Query (FACT - Master Beneficiary Record or MBR display), Disability Determination Services Query (DDSQ), or Processing Center Action Control System (PCACS):

Examples of useful data in common queries

Field Indicator

Query Type

Query Line

Query Field Code

Reference(s)

Date of Disability Onset

DDSQ (accessed through PCOM - Query Master- DDSQ; or via PCOM - Option 18 (NDDSS Master File Menu), then Option 1 (DDS Query))

 



FACT or SSID

Case data

 

 



DISB

OND

 

 

 



DDO

SM 06002.200

 

 



SM 01601.595

State Closure Date (date the case cleared Disability Determination Services (DDS))

DDSQ

Case data

SCD

SM 06002.200

CPD date

DDSQ

Case data

ESD (examiner signature date)

SM 06002.200

Disability Diagnosis Code

DDSQ

 



FACT or SSID

Case data



DISB

DSI (Disability Identification Data – Permanent disability code, primary diagnosis code, medical diary reason code)



DIG

SM 06002.200



SM 01601.595

Medical Diary Date

DDSQ

 



FACT or SSID

Case data



DIAR

DIA (displays diary type and diary maturity date)



MR (diary code of "MR" is a medical reexamination diary, the date is the diary maturity date)

SM 016002.200



SM 01301.235,

SM 01601.580

Medical Diary Reason

DDSQ

 



SSID

 

Case data



DISB

MDR

SM 06002.200



SM 01601.595

Collateral Estoppel

PCACS

 

 

 

SSID

Listing Codes

 

 

DISB

“589” is a listing code that correlates with a collateral estoppel determination effectuated by the FO for a Title II claim

 

 

"V" is an MDR code that correlates with a collateral estoppel determination effectuated by the FO for a Title XVI claim

 

NOTE: A collateral estoppel determination effectuated by the FO does NOT meet CPD criteria. Please note the FO may change the MDR from the systems generated code “V” to one that matches the claim they are adopting the medical decision from; the code may not be “V” for a Title XVI collateral estoppel adoption or “589” for a Title II collateral estoppel adoption.

DI 11011.001E.3.a., DI 13015.110, GN 01040.100

 

SM 01601.595

C. References

  • DI 22501.001 Disability Case Development for Evidence

  • DI 28001.045 Rollback and Non-rollback Conversion Cases

  • DI 28030.020 Development of Medical Evidence

  • DI 28035.025 Disability Determination Services (DDS) Reconstruction of Prior Folder Not Possible

  • DI 28055.045 Model Language: Impairment Severity Continuance Notice – Exhibit

  • DI 81010.215 The Comparison Point Decision (CPD) Date and Folder

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428010020
DI 28010.020 - Comparison Point Decision (CPD) - 08/22/2024
Batch run: 08/22/2024
Rev:08/22/2024