20 CFR 416.987 - 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
(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 (h). 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:
(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.
Title 20 published on 2015-11-18
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 416 after this date.
- 20 CFR 411.125 — Who Is Eligible to Receive a Ticket Under the Ticket to Work Program?
- 20 CFR 416.1331 — Termination of Your Disability or Blindness Payments.
- 20 CFR 416.1338 — If You Are Participating in an Appropriate Program of Vocational Rehabilitation Services, Employment Services, or Other Support Services.
- 20 CFR 416.902 — General Definitions and Terms for This Subpart.
- 20 CFR 416.911 — Definition of Disabling Impairment.
- 20 CFR 416.993 — Medical Evidence in Continuing Disability Review Cases.
- 20 CFR 421.110 — Identifying Records Relevant to the NICS.
Title 20 published on 2015-11-18.
The following are only the Rules published in the Federal Register after the published date of Title 20.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.