Notice of Proposed Rule Making related to Continuing Disability Reviews

December 4, 2019

SSA recently published a Notice of Proposed Rule Making (NPRM) related to when they will perform a Continuing Disability Review (CDR).  A CDR is when SSA reviews whether a person continues to be disabled.  The proposed rule, if enacted, will reduced the time between reviews and allow them to be performed more quickly.  This is not advantageous to individuals receiving SSD or SSI benefits.
This NPRM proposes to revise the criteria for the existing diary categories and associated time periods we use to schedule CDRs under Titles II and XVI of the Social Security Act. We also propose to add a fourth category.
Overview of proposed changes for medical diary categories:
  1. Medical Improvement Expected (MIE)– Existing category. We propose using this category for nonpermanent impairments that meet a listing with a specified period of disability or allowances based on low birthweight. The timeframe for review would continue to be 6 to 18 months.
  2. Medical Improvement Likely (MIL)– New category. We propose using this category for nonpermanent impairments with higher than average CDR cessation rates, certain mental and musculoskeletal impairments, and most step 5 allowances. This timeframe for review would be 2 years.
  3. Medical Improvement Possible (MIP)– Existing category. We propose using this category for nonpermanent impairments that do not fit in the MIE or MIL diary categories. The timeframe for review would continue to be 3 years.
  4. Medical Improvement Not Expected (MINE)– Existing category. We propose limiting this category to permanent impairments identified solely on medical factors without consideration of vocational factors. The timeframe for review would be 6 years.

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