TN 5 (06-15)

A. Role of comparison point decision (CPD) and new impairments in the continuing disability review (CDR) evaluation process

1. When to consider CPD impairments only

At the “medical improvement (MI)”, “related to the ability to work”, “prior listing still met/equaled?” (in Title XVI child cases), and “exceptions” steps consider only the impairment(s) present at the time of the comparison point decision (CPD).

Do not consider new impairments (impairments that began after the CPD) in deciding such steps in the CDR evaluation process.

2. When to consider all current impairments

Consider all current impairments, including any new impairment(s), in deciding other steps (e.g., meets/equals, past work, other work, Title XVI child currently disabled?).

B. Considering new impairments before cessation

1. Impairment duration

Consider new impairments even if they do not meet the duration requirements.

2. When to consider all current impairments

In deciding steps other than medical improvement “MI”, “MI related”, “prior listing still met/equaled?” (in Title XVI child cases), and exceptions, consider all current impairments that contribute to limiting the individual's residual functional capacity. In the case of a Title XVI child, consider all current impairments that contribute to limiting the child's functioning at the time of the CDR.

3. Possible period of non-disability

Except where retroactive cessation applies find that disability continues if the current impairment(s) warrants continuance, regardless of whether longitudinal medical evidence shows a retroactive period (after the CPD) of possible non-disability.

C. The role of new impairments after cessation month

If a new impairment(s) again disables the individual after the cessation month (even within the 2-month period before benefits end), the original period of disability does not continue. The break in the continuity of disability requires establishing a new period of disability.

• A new application is usually required.

• Consider severity and duration requirements under initial disability rules.

• Do not apply the medical improvement review standard in establishing such a new period of disability.

• This does not apply to reinstatement during the extended period of eligibility due to earnings below the substantial gainful activity level.

D. References

• DI 28005.205 Determining the Cessation Month in Continuing Disability Review (CDR) Cases

• DI 28010.001 Medical Improvement (MI)

• DI 28015.001 Context and Scope — Relating MI to Ability to Work

• DI 28020.001 General - Groups I and II of Exceptions to Medical Improvement