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This change was made on Dec 13, 2017. See latest version.
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DI 33025.005: Title XVI Conversion Cases

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  • Effective Dates: 02/22/2013 - Present
  • Effective Dates: 12/13/2017 - Present
  • TN 4 (02-90)
  • TN 10 (12-17)
  • DI 33025.005 Title XVI Conversion Cases
  • A. Background
  • A. Background - Title XVI Conversion Reentitlement
  • See DI 23525.001
  • See DI 23525.001 Title XVI Conversion Reentitlement Cases.
  • B. Procedure
  • B. Procedure - Evaluating disability under Federal criteria
  • 1. Disabled under Federal criteria
  • Continue the case following usual procedures if the individual is disabled under Federal criteria.
  • 2. Not disabled using Federal criteria
  • Evaluate the case using State plan criteria if the individual is not disabled using Federal criteria. (See DI 21501.000 Title XVI State Plans—Disability/ Blindness.)
  • Evaluate the case using State plan criteria if the individual is not disabled using Federal criteria. See DI 21501.000 Title XVI - State Plans—Disability/ Blindness.
  • NOTE: The State plan to be used is the one in effect as of October 1972 and under which the individual received State aid in 1973. This is true even if the individual moved to another State.
  • NOTE: Use the State plan in effect as of October 1972 under which the individual received State aid in 1973. This applies even if the individual moved to another State.
  • Contact the regional office (RO)to determine if there are any subsequent interpretations of the State plan applicable to the case being adjudicated. (There have been a number of court cases, both at the Federal and State levels, which have interpreted State plans.)
  • Contact the regional office (RO) to determine if there are any subsequent interpretations of the State plan applicable to the case you are adjudicating. (There have been a number of court cases, both at the Federal and State levels, which have revised interpreted State plans).
  • 3. Case ceased on Federal and State plan criteria
  • 3. Case ceased under Federal and State plan criteria
  • Put the current date for the determination under both titles in the date of disability cessation, item 9B of the SSA-832-U3.
  • For cessation date, use the same date for both “Ceased” and “State plan last met” in item 9B of the SSA-832.
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