The field office (FO) must resolve the work issue prior to the Disability Determination
Services (DDS) making a determination. For information on FO and DDS responsibilities
for work development, see DI 11010.140.
When the claimant alleges a visual impairment and is currently engaging in substantial
gainful activity (SGA), the DDS must make a statutory blindness determination as explained
in DI 11005.070D. In order to meet the duration requirement for disability, the claimant must meet
the disability requirements and not have performed SGA for 12 months, except in cases
of statutory blindness under title XVI or when the statutorily blind claimant is age
55 or older and work comparability provisions apply. For additional information on
the duration requirement, see DI 25505.000.
When the claimant meets all requirements, including duration, adopt the prior favorable
determination or decision when none of the restrictions in DI 27515.001E applies. Do not close the period for SGA. The FO is responsible for placing the new
claim in the applicable work incentive status. When the prior favorable determination
or decision is medically ceased, see DI 27515.055D.
When collateral estoppel does not apply due to not meeting the duration requirement
and the new claim is a denial, the DDS must enter list code 583 (Adoption does not
apply - claimant does not meet duration) in Item 26 of the SSA-831.