Basic (10-04)
Background
Effective July 1, 1987, P.L. 99-643 made permanent the work incentive provisions of
Section 1619 of the Social Security Act. It provides that disabled title XVI recipients
who are working will not be ceased for performance of substantial gainful activity
(SGA). (However, SGA determinations are still required on initial claims.) They will
continue to remain eligible for disability regardless of earnings (unless earnings
exceed the State or individual threshold amount) so long as the medical condition
does not improve or until eligibility is terminated for a nondisability reason. While
the law provides for this continuing entitlement (as well as eliminating SGA as a
basis for cessation, and the trial work period (TWP) and extended period of eligibility
(EPE) provisions for title XVI recipients), it also provides that a continuing disability
review (CDR) must be conducted at certain times to verify this continued disability
or blindness eligibility.
Prior to December 1999, section 1619 medical folder reviews were performed by the
Office of Disability Operations (ODO). ODO determined if a CDR was required based
on the medical folder review. Effective December 1999, the review of 1619 cases by
ODO was abolished. The field office (FO) will determine if a CDR is required based
on a review of the record.
See DI 13005.016 and DI 13005.018 for 1619(a) and 1619(b) policy and procedure.