Emergency Message 97-171, Continuing Disability Review (CDR) Screen-Outs, Social Security Administration (1997)

EM-97-171 is an Emergency Message that the Social Security Administration (SSA) issued and distributed as a "One Time Emergency Instruction." The goal was to "screen out" certain cases from Continuing Disability Review (CDR) assessments. These cases were considered to have a low probability of medical improvement and, therefore, any CDR would be a waste of SSA time and resources. On this list were particular kinds of Title II (SSDI) and Title XVI (SSI) cases, including HIV and AIDS infection cases that had been adjudicated in 1991 or later.

The significance of this Emergency Message's characterization of the HIV and AIDS cases was that if the individual had been found to meet an HIV/AIDS listing at Step 3 of the disability determination process in a proceeding in 1991 or later, then that individual was to be screened out for CDRs (unless another material change was present, such as a return to work activity). If the individual, however, was found to meet another medical listing (such as a mental health listing), or simply to have been found disabled at Steps 4 and/or 5 of the disability determination process, then this Emergency Message did not apply—this individual had not been found to meet or equal an HIV or AIDS listing, specifically.

This Emergency Message, by its posted language on the SSA website (www.ssa.gov), was superseded by EM-98-090. This new Emergency Message, however, does not include HIV/AIDS screen-out language. Advocates therefore should look at POMS: DI 13005.022 Overview of the CDR Process for MINE or MINE-equivalent Cases. MINE stands for Medical Improvement Not Expected. If it is so remote that the individual will have medical improvement, these POMS regulations will explain how SSA is to treat the case. These regulations therefore provide useful direction to advocates on how to prepare the arguments for an individual's ongoing receipt of benefits.