TN 47 (08-96)

A. Background

The Stieberger DEVELOPMENT PERIOD and the onset date that the DDS will show on the SSA-831 are not necessarily related. Rather, the Stieberger onset will often be an administrative onset, selected to permit payment in the first month of the Stieberger PAYMENT PERIOD (`PAYMENT PERIOD').

B. Policy -- insured status

1. Insured Status

For the purposes of Stieberger adjudication, a class member generally will be considered to have insured status as of the Stieberger onset as long as he or she was insured as of the AOD.

2. Payment period

The Stieberger PAYMENT PERIOD is generally the 48-month period prior to 12/91 (i.e., 12/87 through 11/91). Certain exclusions listed below may affect the title II PAYMENT PERIOD.

C. Process

When computing the title II PAYMENT PERIOD, the FO counts back 48 months from 12/91. It DOES NOT count:

• months the class member was already entitled to title II `A'(reduced or unreduced), `HA', CDB or DWB benefits;

• months of potential entitlement to any type of benefit listed above, based on a pending claim;

• months covered by a medical denial decision issued while the individual was not a New York State resident;

• months, any part of which, the individual was incarcerated after conviction for commission of a felony or an offense in the nature of a felony.

IMPORTANT: In no case may payment be made for any months prior to the first month of potential entitlement on the earliest title II claim in the Stieberger period.

The FO computes the PAYMENT PERIOD using the DEVELOPMENT PERIOD/PAYMENT PERIOD worksheet which is filed on the right side of the DIB folder.

NOTE: The Stieberger ONSET is shown on the summary sheet and in the Remarks block of the SSA-831-U3.

EXAMPLES:

1. The earliest claim in the Stieberger period was filed on 3/9 /83. The AOD was 1/16/83. The NY DDS denied the claim at the reconsideration level on 5/10/84. No subsequent claims were ever filed, no period of incarceration.

   The PAYMENT PERIOD is 12/87 through 11/91.

2. Same facts as in a., except the class member was incarcerated due to a felony conviction from 7/31/90 until 4/1/93. The PAYMENT PERIOD cannot include months of incarceration for a felony conviction therefore begin counting back 48 months with 6/90.

   The PAYMENT PERIOD is 7/86 through 6/90.

3. The date of filing of the earliest claim in the Stieberger period is 5/14/87. The AOD is 12/10/86. The claim was denied at the ALJ level on 10/3/89. The class member became entitled to `A' benefits upon attainment of age 62 in 8/90.

   The PAYMENT PERIOD cannot include months of entitlement to `A' benefits, therefore begin counting back with 7/90. Forty-eight months would be 8/86; BUT, in no case is payment made for any month prior to the first possible month of entitlement on the earliest Stieberger claim. Since the AOD of the earliest Stieberger claim is 12/10/86, the first possible month of entitlement is 6/87.

   The PAYMENT PERIOD is 6/87 through 7/90.

D. Policy -- onset

The onset date shown on the worksheet summary is an administrative onset, selected to permit payment to start with the first month of the PAYMENT PERIOD. Unless the DDS must adjust the onset based on its development (see DI 12586.055), the title II Stieberger ONSET is:

• for CDB and no waiting period cases, the first day of the first month of the PAYMENT PERIOD

• for all other cases, the Stieberger ONSET date is the first day of the fifth month before the first month of the PAYMENT PERIOD.