alt.social-security-disability

On Wed, 3 Oct 2007 15:48:12 -0700, "Barry"
wrote:

>I just want to make sure I am understanding the Poms correctly.
>
>Does it really mean that because AIDS is my disability they will definitely
>NOT do a CDR?

>Also, if this is the case, if they should mistakenly initiate a CDR on me,
>can I get them to cancel it by referring them to the Poms?
>
>Thanks for your input!

1) This provision to screen-out AIDS cases is listed only in the
instruction pertaining to the SSA-455 short from CDR questionnaires.
If you get the short-form and fill it out, and because of the way you
answer the questions, they tell you that they are going to do a full
CDR, refer them to:

https:// /apps10/ /lnx/0413005020!opendocument
______

2) If you get the long form SSA-454 instead of the SSA-455, this means
that a CDR is imminent, and you should know that the POMS says nothing
about screening out AIDS cases in those situations. However, you
should still refer them to the URL above. It can't hurt. It is very
unlikely that medical improvement not expected (MINE) beneficiaries
get the long form SSA-454 right off the bat. They usually get the
SSA-455 questionnaires. This is because most MINES end up with
entitlement being continued; full CDRs are a waste of time and money
in most MINES. So they want to examine your answers to the SSA-455
very closely before doing a CDR.
_____

3) If, after they have investigated your earnings, it is shown that
you have used up all of your trial work period months, and they decide
to do a CDR, refer them to the URL that says that work activity by
itself is no longer a basis for CDRs because you have been on the
rolls for at least two years. This protection is relatively new.

https:// /apps10/ /lnx/0413010012!opendocument

DI Protection from Medical Review Based on Work Activity

(...)

A title II disability beneficiary or concurrently entitled title II
and title XVI disability/blindness beneficiary, who has received title
II disability benefits for at least 24 months, will not have a medical
CDR triggered solely as a result of his/her work activity. We refer to
this provision as “protection from medical review based on work
activity.” (...)
___________

4) If they find that your earnings avgd. above SGA after the trial
work period, they will cease entitlement. However you can request
expedited reinstatement if you cease SGA. You may also have to
undergo a medical reevaluation for reinstatement.