TN 1 (12-18)

DI 40505.200 Applicability of Continuing Disability Review (CDR) Events and CDR Results on Title II and Title XVI

A. General policy principle regarding CDRs

Events that may raise a CDR issue are usually the same for Title II and Title XVI.

B. Policy principle regarding work issue exception

Substantial Gainful Activity (SGA) cessations do not apply to Title XVI.

Effective 07/01/87, under Title XVI, section 1619, SGA is not a reason for disability cessation. Also, the trial work period (TWP) and extended period of eligibility (EPE) do not apply. Treat earnings as income.

Before an individual is eligible for 1619, he or she must have a disabling impairment(s); therefore, the Office of Disability Operations (ODO) requires medical folder reviews (MFRs). The law provides that we must conduct a CDR at certain times to verify continued disability or blindness eligibility, per DI 40540.001, Section 1619 CDRs.

C. Operating policy to determine if disability continues for Title II and Title XVI cases

Medical CDR or MFR results apply to both titles, if the disability issue is the same. To determine if an individual is still disabled under the Legal Standard for Determining if Disability Continues, see DI 28005.001. For example, if a 1619 CDR results in a medical cessation, we need a Title II cessation determination even if the individual has not completed the TWP. However, if Title II benefits cease due to SGA, or if the disability issues are different, Title XVI eligibility may continue.

Likewise, if we do not find an issue during a MFR, we need SSA-899-U2s

(Continuing Disability Review), on Title II and Title XVI cases.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0440505200
DI 40505.200 - Applicability of Continuing Disability Review (CDR) Events and CDR Results on Title II and Title XVI - 12/18/2018
Batch run: 12/18/2018
Rev:12/18/2018