NOTE: Social Security Ruling (SSR) 05-03p (DI 28005.021) explains how we apply the functional equivalence rules at this step, and how we
apply the step when the CPD was based on functional equivalence to the listings. Along
with the guidance below, follow the Policy Interpretation section of the SSR whenever
functional equivalence must be considered at step 2.
If there has been medical improvement, we will consider whether the impairment(s)
that we considered at the time of our most recent favorable determination or decision
still meets or equals the severity of the listed impairment it met or equaled at that
time. In making this decision, we will consider the current severity of the impairment(s)
present and documented at the time of our most recent favorable determination or decision,
and the same listing section used to make that determination or decision as it was
written at that time, even if it has since been revised or removed from the Listing
of Impairments.
If that impairment(s) does not still meet or equal the severity of that listed impairment,
we will proceed to the next step. If that impairment(s) still meets or equals the
severity of that listed impairment as it was written at that time, we will find that
you are still disabled, unless one of the exceptions to medical improvement described
in DI
28020.250 through DI 28020.900 applies.
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•
(i) If one of the first group of exceptions to medical improvement applies, we will
proceed to step 3.
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•
(ii) If one of the second group of exceptions to medical improvement applies, we may
find that your disability has ended.