Basic (03-86)

DI 21501.005 Identifying Where State Plan Definition of Blindness or Disability Differs from Title XVI Definition

As explained in DI 23525.001 a conversion recipient who does not meet the title XVI criteria for disability or blindness, is still considered disabled or blind so long as he continuously meets the appropriate State plan definition of disability or blindness after December 1973. The State plan definition of disability and blindness may be equal to or more or less restrictive than the title XVI Federal requirements. DI 23525.001 provides the basic instructions for evaluating conversion cases and explains that a continuing DIB issue in such claims will be adjudicated first under the Federal definition of disability or blindness. If disability or blindness is found to continue under the Federal definition, a continuance determination should be prepared and effectuated; no evaluation under the State plan is required. If disability or blindness does not continue under the Federal definition, evaluation under the State plan is necessary and a determination of continuance or cessation will be prepared and effectuated depending on whether the recipient continues or ceases to meet the State plan definition of disability or blindness.

It is pertinent to note those written State plan definitions of disability and blindness that are clearly more liberal (e.g., providing for disability eligibility where the only impairment is drug addiction or alcoholism, requiring that jobs a claimant can do must exist in the community) than the title XVI definition are italicized. However, each DDS is cautioned to carefully consider the entire State plan definition in making determinations.