From 02/11/91 until the enactment of Public Law (P.L.104-193) on 08/22/96, the disability evaluation process for Supplemental Security Income
(SSI) claimants under the age of 18 required an IFA for claimants whose impairment(s)
was severe but did not meet, medically equal, or functionally equal a listed impairment.
The IFA determined if the claimant's impairment(s) substantially reduced their ability
to function independently, appropriately, and effectively in an age-appropriate manner
and was therefore of “comparable severity” to an impairment(s) that would disable
P.L. 104-193 eliminated the IFA, and mandated disability redeterminations for adults originally
allowed as children and who attained age 18 on or after August 22, 1996. However,
per DI 28005.016, we will perform a continuing disability review (CDR), not a disability redetermination,
for recipients who attained age 18 before August 22, 1996.
When we perform a CDR for one of these recipients, they are subject to the adult medical
improvement review standard (MIRS). We must determine if the medical improvement (MI)
is related to the ability to work, if the recipient's impairment is found not to meet
or equal a current adult listing, and MI is established. If the CPD was not based
on meeting or equaling a listing, this finding of fact is based on comparison of the
RFC done at the CPD and a current RFC considering only the CPD impairments.
All references to “RFC” in this section are defined as what an individual can still
do despite their limitations, in accordance with DI 24510.006B.1. “RFC assessment” refers to the annotation of this function on an SSA approved document.
For preparation of the RFC Assessment, see DI 24510.001.
Because recipients for whom CPDs were based on an IFA will not have had an RFC assessment
at the CPD, this section addresses how to make a finding of fact at the "MI-related”
step of the adult CDR evaluation process.
To make a current decision it may be necessary to update evidence. For development
of medical evidence, see DI 28030.020.