TN 8 (03-26)

DI 28090.001 Disability Determination Rationale for Title II and Title XVI Adult Continuing Disability Review (CDR) Cases

A. Policy for documenting the disability determination explanation (DDE) for CDRs

This section discusses items specific to the CDR rationale. For information about completing the DDE for initial or reconsideration claims see DI 26515.001 or DI 27020.005.

The rationale documents the application of the medical improvement review standard (MIRS) required on all CDR determinations, whether the determination is a continuance or a cessation. When disability continues, the rationale establishes a basis for comparison in the subsequent CDR.

The disability determination services (DDS) must fully document the DDE:

  • Clearly reflect all applicable steps in the CDR evaluation process;

  • Present an explicit explanation of the determination, including the documentation used to support the decision,

  • All legislative requirements, and

  • The basis for the disability determination, the reason the individual's disability continues (e.g., meets a listing), or has ceased (e.g., medical improvement related to the ability to work has occurred and the individual has the ability to perform substantial gainful activity (SGA)).

The following subsections correspond to the pages and sections in the Disability Case Processing System (DCPS) that display on the DDE and the actions the DDS takes to document the disability determination. Ultimately, it should be clear to subsequent reviewers how the DDS evaluated medical improvement (MI) and came to their determination.

B. Elements of the Rationale

Not every claim requires a discussion of all possible elements of the rationale. This section explains how to document the elements of the rationale based on the case fact to form a persuasive explanation of the disability determination.

IMPORTANT: Do not duplicate explanations in multiple sections of the DDE. Whenever possible, use the designated section to discuss each specific issue within the context of applicable policy to ensure that subsequent reviewers can easily locate and understand your analysis.

1. Case overview

The field office (FO) is responsible for collecting the comparison point decision (CPD) information when conducting the CDR. The DDS will review the prior folder(s) and correct any CPD information that needs to be updated.

a. Claimant information

The CPD date propagates from the electronic disability collect system (EDCS). The DDS will review and correct any error in the CPD date, see DI 28010.020.

b. Allegations of impairment

The allegations of why disability continues propagate from EDCS. The DDS will add any new allegation(s) or impairment(s) identified during case development.

2. Technical Issues

The DDS must identify any technical issues, such as those listed below, and discuss the effect on the claim.

a. Work activity

The DDS will review the case to see if there is any work activity since the CPD. If there is evidence of work and there is no work activity report in file (SSA-820 or SSA-821), the DDS will follow DI 28030.025 or DI 28050.010.

b. Technical issues

The DDS will review the case file and see if any of the issues listed below apply. The DDS will document how they considered, applied, and resolved any of the listed issues so it is clear to a subsequent reviewer.

3. Evidence of record and medical opinions

The DDS will document current and CPD evidence and medical opinion(s) in making the MIRS determination. The DDS will discuss how the medical opinion(s) were considered and relate to the determination.

a. Evidence received

The adjudicator develops a complete medical history covering at least 12-months preceding the date the individual completes the SSA-454.

The DDS generally needs to obtain current medical evidence to make a determination under MIRS; however, depending on the impairment in MINE or MINE equivalent cases the adjudicator may not need current medical evidence, see DI 28040.125.

The DDS will follow policy for development of medical evidence in DI 28030.020.

b. Medical opinions

The DDS will review the evidence received for any medical opinions. Consideration of medical opinions depends on the filing date of the case.

For claims with a filing date on or after March 27, 2017, follow the guidance in DI 24503.030.

For claims filed before March 27, 2017, follow guidance in DI 24503.035.

To determine the filing date of the claim for a CDR, see DI 24503.050D.7.

4. Findings and analysis

The DDS must analyze all the relevant case evidence and explain how it supports the determination to include but not limited to consideration of MIRS, or other issues (e.g., Prisoner/Felon cases) and should not re-state objective findings or duplicate information documented in other dedicated sections of the DDE.

a. Comparison point decision side-by-side

This section notes the CPD date and the CPD basis along with the primary and secondary diagnosis.

The DDS will select if a side-by-side comparison needs to be completed.

If selected, the DDS will note the CPD signs, symptoms, and lab findings and compare them to current symptoms, signs, and laboratory findings related to the impairments that were established at the time of the CPD.

The DDS will consider MI, which is any decrease in the medical severity of the impairment(s) that was present at the time of the most favorable medical determination that the individual was disabled or continued to be disabled as evidenced by changes in symptoms, signs, or laboratory findings. Although the decrease in severity may be of any quantity or degree to find MI has occurred, disregard minor changes in signs, symptoms, or laboratory findings that do not represent MI and could not result in a finding that disability has ended.

The adjudicator will compare the severity of only the impairment(s) considered at the CPD with the current severity of the same impairment(s) to determine if there has been any MI.

When multiple impairments were present at the CPD, the rationale must show that the combined effect of all those impairments has been considered in the current determination and indicate whether there has been a change in such combined effect since the date of the CPD. For further information regarding MI, see DI 28010.000.

b. Findings of fact and analysis of evidence (FOFAE)

The DDS must determine if the side-by side analysis is sufficient. If the side-by -side is sufficient the DDS will select "Analysis of CPD impairments is sufficient; no additional analysis of impairments is necessary. If further information is needed the adjudicator can add additional analysis and further explanation of the MIRS process in the FOFAE."

Other issues addressed in the FOFAE include:

  • Documenting the rationale for disregarding evidence and the fraud or similar fault (FSF) redetermination per DI 23027.015C.4.

  • Documenting prisoner felony related cases DI 28065.040.

5. Medically determinable impairments (MDIs) and severity

The DDS must evaluate all alleged or documented impairments and related symptoms and analyze and explain the extent to which the symptoms are consistent, or inconsistent, with all the case evidence.

a. Symptoms evaluation

The DDS must:

  • Document the alleged symptom(s) which can reasonably be supported by one or more MDI(s); and

  • Analyze and explain the extent to which the symptoms are consistent, or inconsistent, with all the case evidence.

Do not use canned phrases or single, conclusory statements such as, "the individual's symptoms have been considered," or "the statements about the individual's symptoms are (or are not) supported or consistent, " in the narrative symptom's evaluation explanation.

NOTE: 

When an MDI meets the criteria of a listed impairment, the DDS does not need to document information about the intensity, persistence, or limiting effects of a symptom if all other findings required by the specific listing are present unless the medical listing states otherwise.

For more information on the two-step symptom evaluation process and how to document finding, see DI 24501.021.

b. MDI(s)

The DDS documents all medically determinable impairments and indicates the appropriate body system, impairment diagnosis, type (CPD or new), priority, and severity. Remember for CDRs the MDI is established in the CPD. The adjudicator does not need to develop the same MDI again during the CDR, see DI 28005.005B.1. However, prior to making a cessation determination, the adjudicator must develop all impairments and vocational issues, including establishing any new MDIs supported by the medical evidence.

c. Listings considered

The DDS will select the most appropriate listing that correspond(s) to the documented MDI(s). For information on the Listing of Impairments, see DI 34001.000.

d. Evaluations and assessments

The DDS will complete the appropriate medical evaluation(s) and identify whether the assessment(s) cover just the CPD impairment(s) or all impairments. There are times with a CDR that more than one assessment is necessary, see DI 28010.050B.2.

Appropriate medical assessments include:

e. Flexible approach used

Using the flexible approach is a way to facilitate appropriate continuances. If the evidence received in a particular case clearly establishes continuing disability, without following every step in the CDR evaluation process, the flexible approach may be used. Adjudicators will note if the flexible approach was applied and select if clearly no MI or RFC clearly shows inability to perform relevant or other work, or the no work profile applies, see DI 28005.005C.

f. Adult medical disposition-meets or equals listing

The DDS will discuss whether the claimant meets or equals a listing including the specific findings that support the meets or equals determination.

  1. 1. 

    Meets a listing

    Identify the listing that is met including the supporting findings that meet the listing’s requirements, see DI 24508.005.

  2. 2. 

    Medically equals listing

    Provide a rationale explaining which of the three ways of finding medical equivalence is supported and provide the required rationale requirements per DI 24508.010.

  3. 3. 

    Current impairment does not meet or medically equal the listing

    When the impairment or combination of impairment(s) does not meet or equal the listing, select: Impairment or combination of impairments does not meet or medically equal a current listing.

g. Adult medical improvement

The DDS will address if there has been MI since CPD and if it is related to the ability to work.

If there is a decrease in severity in the symptoms, signs, and laboratory findings, the DDS must determine if it relates to the ability to do work using the two mechanisms:

  • Prior listing mechanism

  • RFC comparison mechanism

If the CPD was based on no MI (related) or exception use either mechanism as appropriate.

For further information see DI 28015.005.

h. Group 1 exceptions

For a Group 1 exception, the rationale must indicate whether there is no MI, or MI is not related to the ability to work. The rationale must also reflect consideration of the ability to engage in SGA.

If the evidence raises a significant question as to whether a particular exception applies, but the requirement(s) of that exception is not satisfied, include a brief explanation in the rationale stating why that exception did not apply.

Whenever the exceptions(s) to MI is applied, the rationale must reflect the evidence that establishes the criteria for a particular exception(s). If more than one exception (or an exception(s) and MI) applies in a case, state this explanation in the rationale.

For further information on Group 1 Exceptions, see DI 28020.000.

i. Overall medical signature

Apply the appropriate medical signature. For further information on who is responsible for the overall medical signature, see DI 24501.001.

6. Vocational Assessment

If steps 7 and 8 apply, the DDS will document their vocational analysis in this section showing if the claimant can perform any past relevant or other work.

Citation: 20 CFR 404, Subpart P, Appendix 2.

a. Past relevant work (PRW)

The DDS documents all work activity including job title, start and end date, whether the work activity is PRW or is during the current period of disability, and the Dictionary of Occupational Titles (DOT) information. For more information about the development and capacity to do PRW, see DI 25005.000, DI 28005.015A.7, and DI 28030.030.

NOTE: 

If an expedited vocational assessment is appropriate, select the check box that indicates this type of assessment before proceeding. For more information on expedited vocational assessments, see DI 25005.005.

b. RFC to perform PRW

Based on the assessed RFC, indicate whether the individual has the RFC to perform PRW. If the individual cannot perform their PRW provide an explanation.

c. Consider medical-vocational profile

Based on age, education, and work experience select the appropriate profile if one applies, see DI 25010.001.

d. Information from the residual functional capacity (RFC/MRFC)

Based on the MRFC, indicate if the individual is limited to unskilled work and select the maximum sustained work capability level based on the RFC.

e. Medical-vocational guidelines

The adjudicator applies the appropriate vocational rule from DI 25025.035 based on the RFC and MRFC, education, and work history.

f. Explain other work findings

Cite three occupations or cite an exception and provide a vocational explanation, see DI 28005.015A.8, and DI 25025.030.

g. Vocational analysis

If applicable, create a vocational analysis or vocational specialist case note that supports the vocational assessment, including a transferability of skills assessment if applicable, see DI 25015.017.

7. Determination

The DDS indicates if the current determination is a continuance or a cessation or if a group II exception applies.

a. Group II exceptions

If one of the following Group II exceptions applies, and the evidence does not permit adjudication under another basis, select the appropriate exception and provide the supporting explanation in the box:

  • Fraud or similar fault

  • Failure to cooperate

  • Whereabouts unknown

  • Failure to follow prescribed treatment

For further information see DI 28020.000.

b. Reason why review was made

Apply the reason for why the review was made per DI 28084.030.

c. Date disability began

The DDS will verify this date is correct and make necessary edits if incorrect.

d. Select the determination

The adjudicator will select one of the appropriate determinations.

e. Cessation or continuance code

The adjudicator will select the appropriate code per DI 28084.015 or DI 28084.020.

f. Cessation date

The adjudicator will select the appropriate cessation month per DI 28005.205.

g. Continuance diary

Adjudicators will consider the individual facts of the case and the likelihood of improvement by the next CDR and schedule the diary accordingly, see DI 26525.001.

h. Address capability

The adjudicator will assess the individual's capability and select the appropriate option, see DI 23001.005B and DI 28075.030.

i. Acquiescence ruling (AR)

If an AR applies DDS will select the appropriate AR and provide any required explanation in the explanation box.

j. Drug addiction or alcoholism (DAA)

An individual is not considered disabled if DAA is a contributing factor to the determination that the individual is disabled. If DAA is involved the adjudicator will follow the 7 step DAA CDR sequential evaluation process after following the 8 step CDR process. For this process see DI 28005.035 and DI 28005.045.

k. Personalized disability explanation

The DDS will select the appropriate notice and if applicable the appropriate paragraph files, see DI 26530.010 and DI 28095.001.

l. List codes

Apply any applicable list codes to the case, see DI 33530.001 and DI 33530.005.

m. Remarks

Apply any applicable remarks to the case, see DI 26510.095.

n. Destination

The DDS determination governs case routing. The destination defaults depending on if the case is a continuance or cessation. If an alternate destination is chosen, the DDS will select the appropriate location. For further information regarding routing, see DI 32010.000.


To Link to this section - Use this URL:
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DI 28090.001 - Disability Determination Rationale for Title II and Title XVI Adult Continuing Disability Review (CDR) Cases - 01/23/1990
Batch run: 03/10/2026
Rev:01/23/1990