Disability redeterminations for individuals who attain age 18.
(a) Who is affected by this section?(1) We must redetermine your eligibility if you are eligible for SSI disability benefits and:
(i) You are at least 18 years old; and
(ii) You became eligible for SSI disability benefits as a child (i.e., before you attained age 18); and
(iii) You were eligible for such benefits for the month before the month in which you attained age 18.
(2) We may find that you are not now disabled even though we previously found that you were disabled.
(b) What are the rules for age-18 redeterminations? When we redetermine your eligibility, we will use the rules for adults (individuals age 18 or older) who file new applications explained in §§ 416.920(c) through (g). We will not use the rule in § 416.920(b) for people who are doing substantial gainful activity, and we will not use the rules in § 416.994 for determining whether disability continues. If you are working and we find that you are disabled under § 416.920(d) or (g), we will apply the rules in §§ 416.260ff.
(c) When will my eligibility be redetermined? We will redetermine your eligibility either during the 1-year period beginning on your 18th birthday or, in lieu of a continuing disability review, whenever we determine that your case is subject to redetermination under the Act.
(d) Will I be notified?—(1) We will notify you in writing before we begin your disability redetermination. We will tell you:
(i) That we are redetermining your eligibility for payments;
(ii) Why we are redetermining your eligibility;
(iii) Which disability rules we will apply;
(iv) That our review could result in a finding that your SSI payments based on disability could be terminated;
(v) That you have the right to submit medical and other evidence for our consideration during the redetermination; and
(vi) That we will notify you of our determination, your right to appeal the determination, and your right to request continuation of benefits during appeal.
(2) We will notify you in writing of the results of the disability redetermination. The notice will tell you what our determination is, the reasons for our determination, and your right to request reconsideration of the determination. If our determination shows that we should stop your SSI payments based on disability, the notice will also tell you of your right to request that your benefits continue during any appeal. Our initial disability redetermination will be binding unless you request a reconsideration within the stated time period or we revise the initial determination.
(e) When will we find that your disability ended? If we find that you are not disabled, we will find that your disability ended in the earliest of:
(1) The month the evidence shows that you are not disabled under the rules in this section, but not earlier than the month in which we mail you a notice saying that you are not disabled.
(2) The first month in which you failed without good cause to follow prescribed treatment under the rules in § 416.930.
(3) The first month in which you failed without good cause to do what we asked. Section 416.1411 explains the factors we will consider and how we will determine generally whether you have good cause for failure to cooperate. In addition, § 416.918 discusses how we determine whether you have good cause for failing to attend a consultative examination.
[65 FR 54789, Sept. 11, 2000, as amended at 70 FR 36508, June 24, 2005]
Title 20 published on 2012-04-01
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