TN 37 (05-15)

A. Non-rollback conversion

Section 1614 of the Social Security Act provides that an individual shall be considered disabled or blind for Title XVI purposes if an individual is:

• permanently and totally disabled or blind as defined under a State plan; and

• approved under Title X, XIV, XVI, as in effect for October 1972 received aid under such a State plan (on the basis of either disability or blindness) for December 1973 and for disability cases, received aid for at least 1 month prior to July 1973.

Section 1614 further provides that individuals who meet these criteria will continue to be disabled or blind for Title XVI purposes so long as they are continuously disabled or blind as defined by the State plan under which disability was originally established. The Federal criteria (including medical improvement and its exceptions) will be considered first, the medical improvement review standard (MIRS) will then be considered with respect to the State plan criteria.

A non-rollback conversion recipient who has been ineligible because of an event unrelated to disability may, upon removal of such an event, reestablish Title XVI eligibility on the basis of meeting the State plan criteria so long as he or she has been continuously disabled, as defined by the State plan, since December 1973. If a Federal decision has been made during a prior continuing disability review (CDR), the case must still be evaluated under the State plan if the current CDR shows the recipient no longer meets the Federal criteria.

B. Rollback Conversion

Those individuals who were eligible for State Aide to the Permanently and Totally Disabled (APTD) or Aid to the Blind (AB) in December 1973, but who did not receive aid for at least 1 month prior to July 1973 (rollback cases), are to be evaluated solely under the Federal definition of disability and blindness.