POMS Reference

DI 28040: Medical Improvement Not Expected (MINE) or Medical Improvement Not Expected - Equivalent (MINE - Equivalent) Cases

TN 4 (10-15)

A. Receipt of the case in the DDS

On receipt of the continuing disability review (CDR) case, the DDS will:

  • Review the evidence to ensure that a MINE or MINE-Equivalent impairment exists. To review the MINE criteria, see DI 26525.045.

  • Screen the file for correctness of the CDR category. (i.e., to make sure the case is not a medical improvement expected (MIE) or medical improvement possible (MIP) case).

  • Route the file to the proper location if information received since the prior decision or determination raises an issue of jurisdiction or need for review (e.g., individual has died or moved to another state).

B. MINE or MINE-equivalent CDR procedures do not apply

The MINE or MINE-equivalent CDR procedure does not apply to any case in which:

  • The evidence does not clearly show existence of MINE or MINE-equivalent impairment, (including lost folder cases),or

  • Information received since the last favorable decision raises an issue of continued impairment severity.

The DDS will return the case to the FO if the MINE or MINE-equivalent CDR procedures do not apply. For more information on returning cases to the FO for a full CDR, see DI 28040.215.

C. Deferral of the CDR process

It may not always be possible to complete a CDR immediately. The DDS may defer such CDRs, if it falls into one of the following categories:

  • Reasons unrelated to the disability, e.g., weather, travel, hospitalization (short duration); or

  • Life-threatening situations (but only upon regional office approval).

The DDS will contact the regional office for guidance on any case they believe needs deferral. For further information on the CDR deferral process, see DI 28003.010.