TN 18 (08-04)

A. Background

An NH disabled by reason of statutory blindness as defined in section 216(i)(1)(B) of the Act (see DI 10105.065, DI 24001.001 and DI 24001.010) may qualify for a disability freeze or entitlement to DIB if he or she has fully insured status in the quarter he or she becomes disabled, or on the first day of the first quarter thereafter in which he or she has fully insured status. For benefits payable January 1973 or later, a statutorily blind worker no longer needs to meet a “20/40” or “special insured status” test. This provision applies regardless of the age at which the individual is disabled. See DI 11005.045C.1. for instructions on completing the EDCS 3367 or SSA-3367 when a claimant has insured status for statutory blindness. Properly following these instructions will alert the DDS to the presence of a second date last insured, which may be material to establishing the onset date.

IMPORTANT: If the worker is an alien whose SSN was first assigned on or after January 1, 2004, then he or she must meet additional requirements under Section 211 of the Social Security Protection Act of 2004 (Public Law 108-203), to be fully insured and to establish entitlement based on his or her earnings. See RS 00301.102 for a full discussion of these requirements.

B. Policy - insured status for statutorily blind workers

1. Requirements

At least one quarter of coverage for each year after 1950 (or, if later, the year in which he or she attained age 21) up to the year in which the qualifying QC is earned.

2. Minimum

There is a minimum requirement of six QC's.

3. Insured status not met at onset

Where the period of disability does not begin with the quarter of onset, because insured status is not met, it will begin with the first quarter thereafter in which fully insured status exists, provided the NH is disabled in that quarter.

C. Example

Calvin Hill, DOB 7/12/57, is statutorily blind from birth. He first secures employment through Vocational Rehabilitation in the 09/77 quarter and has sporadic work attempts there after. His period of disability would begin with the 06/86 quarter (with a date first insured of 04/01/1986), the first point at which he is both fully insured and under a disability.

Although Mr. Hill's onset is at birth and he acquires his sixth QC in the 03/86 quarter, the period of disability cannot begin at that point since he would require seven QCs to be fully insured as of that quarter; i.e., there are 7 years elapsing between 1978, the year he attained age 21, and 1986, the year in which he has his qualifying QC for fully insured status. His period of disability would begin with the 06/86 quarter the first point at which he is both fully insured and under a disability.