POMS Reference

DI 28010: Medical Improvement and Related Medical Issues

TN 2 (06-15)

A. Consideration for MI

In deciding whether MI occurred, consider only the impairment(s) present at the time of the comparison point decision (CPD).

B. Consideration of CPD impairment(s)

1. Impairment present if evidence in file

For purposes of the MI step, consider the impairment(s) present at the time of the CPD only if the file at that time included medical evidence showing the existence of that impairment(s).

2. Impairment absent if no evidence in file

Do not consider an impairment(s) present at the time of the CPD if the file at that time contained only an allegation of that impairment(s), not supported by medical evidence.

3. No substitution of judgment

Do not substitute current judgment for the judgment of the prior adjudicator in determining whether CPD evidence documented the presence of a particular impairment(s).

C. References