TN 5 (05-15)

CITATIONS: Regulations 20 CFR § 416.330 and 416.335

A. How to determine a Title XVI closed period of disability

You may determine a closed period of disability when:

• the claimant was disabled for at least 12 continuous months or was blind (no duration requirement), and

• disability or blindness ceased after the month of filing, but prior to the date of adjudication. Apply the medical improvement review standard in determining when disability ceased.

REMINDER: If the claimant’s disability ceases prior to the application effective date, there is no entitlement to supplemental security income benefits for a closed period of disability. Retroactivity does not apply to Title XVI claims.

NOTE: If the claimant performs substantial gainful activity (SGA) after the month of filing, but prior to adjudication, the disability determination services cannot make a closed period of disability determination based solely on SGA. Establish the established onset date and complete an assistance request to the field office to investigate the work issue for a work continuing disability review.

See details:

DI 13010.010 Handling Events That May Require a Work Continuing Disability Review (CDR).

B. References

SI 00601.009 Application Effective Date

SI 02301.201 Descriptions of SSI Posteligibility (PE) Events

SI 02301.215 Summary of Posteligibility (PE) Suspension, Stop Payment

and Termination Events by Payment Status Code (PSC)

DI 11055.415 Initial Title XVI Notices for Closed Period Allowances

DI 13005.016 Section 1619 CDRs for Title XVI Recipients

DI 13010.110 Return to Work Within A Year Of Onset (Title XVI)