TN 7 (10-15)

Effective July 1, 1987, Public Law 99-643 (the Employment Opportunities for Disabled Americans Act) amended sections 1619(a) and 1619(b) of the Social Security Act. The law provides that we will not cease Title XVI individuals with a disability for performing substantial gainful activity (SGA). However, SSA still requires SGA determinations on initial claims. The law eliminated SGA as a basis for cessation. It also eliminated the trial work period (TWP) and extended period of eligibility (EPE) provisions for Title XVI individuals.

Supplemental Security Income (SSI) disability individuals who work continue to remain eligible for disability benefits even when earnings exceed SGA (unless earnings exceed the State or individual threshold amount). The law also provides that DDS must conduct a continuing disability review (CDR) at certain times to determine whether the individual continues to meet the medical requirements for entitlement or eligibility. Based on a review of the record, the FO now determines if DDS must perform a CDR.

For 1619 CDR policies and procedures, see DI 13005.016 and DI 13005.018.

For medical CDR processing instructions for an individual(s) with a Ticket to Work, see DI 55025.010.