Upon reaching age 18, all factors of a Supplemental Security Income (SSI) recipient's eligibility are reviewed including a disability redetermination (sometimes referred to as a Continuing Disability Review).
Normally, for the Social Security Administration (SSA), a redetermination is a review of a recipient's non-medical eligibility factors (i.e., income, resources, and living arrangements) to be sure you are still eligible for and receiving the correct SSI payment. However, at age 18 SSA must redetermine the eligibility of individuals who were eligible for SSI based on disability in the month before the month in which they attained age 18 using the rules for determining initial eligibility for adults.
P.L. 104-193, (the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ), includes significant changes affecting the Title XVI (SSI) childhood disability evaluation and determination process. Under its provisions, a disability redetermination had to be completed within the year after the individual attains age 18.
P.L. 105-33, passed in 1997, changed the time limit from "the 1-year period beginning on the individual's 18 birthday" as required by P.L. 104-193 to "either during the 1-year period beginning on the individual's 18th birthday or, in lieu of a continuing disability review, whenever the Commissioner determines that the individual's case is subject to a redetermination under this clause." The effect of the change is to eliminate the time limits on SSA to initiate an age 18 disability redetermination only during the one year period following the individual's 18th birthday. This means that not only will disability redeterminations be appropriate as the individual attains age 18, but may be appropriate for individuals who attained age 18 on or after August 22, 1996, if the individual was not subject to a disability redetermination after attaining age 18. The effect of the change is to eliminate the time limits on SSA to initiate an age 18 disability redetermination only during the one year period following the individual's 18th birthday.
SSA will set up personal contact interviews (either by telephone or face-to-face) with the recipient. (Face-to-face is preferred for disability redeterminations.) SSA will also explain that they will conduct two redetermination interviews; one interview for living arrangements, income, and resources and the other for medical reasons so that you can arrive prepared to provide relevant medical evidence. SSA will attempt to schedule both the non-medical and the disability redetermination interviews at the same time.
If SSA determines that a person is ineligible during the age 18 redetermination process, the full formal SSA Appeal process is available.
If the person determined to be ineligible was receiving services from their State Vocational Rehabilitation Agency before their 18th birthday, they may still receive SSI benefits. The provision known as Continued Payment Under a VR Program (Section 301 Benefits) permits the continuation of benefits while participating in an approved vocational rehabilitation program.
Information for this topic was drawn from:
SSA POMS, SI 02305.001 at:
SSA POMS, SI 02305.016 at:
SSA POMS, DI 11070.001 at:
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