20 C.F.R. § 404.328   When your completion of the program, or your continuation in the program for a specified period of time, will increase the likelihood that you will not have to return to the disability benefit rolls.


Title 20 - Employees' Benefits


Title 20: Employees' Benefits
PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950– )
Subpart D—Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability
Rules Relating to Continuation of Benefits After Your Impairment Is No Longer Disabling

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§ 404.328   When your completion of the program, or your continuation in the program for a specified period of time, will increase the likelihood that you will not have to return to the disability benefit rolls.

(a) We will determine that your completion of the program, or your continuation in the program for a specified period of time, will increase the likelihood that you will not have to return to the disability benefit rolls if your completion of or your continuation in the program will provide you with—

(1) Work experience (see §404.1565) so that you would more likely be able to do past relevant work (see §404.1560(b)), despite a possible future reduction in your residual functional capacity (see §404.1545); or

(2) Education (see §404.1564) and/or skilled or semi-skilled work experience (see §404.1568) so that you would more likely be able to adjust to other work that exists in the national economy (see §404.1560(c)), despite a possible future reduction in your residual functional capacity (see §404.1545).

(b) If you are a student age 18 through age 21 participating in an individualized education program described in §404.327(a)(4), we will find that your completion of or continuation in the program will increase the likelihood that you will not have to return to the disability benefit rolls.

(c) If you are receiving transition services after having completed an individualized education program as described in paragraph (b) of this section, we will determine that the transition services will increase the likelihood that you will not have to return to the disability benefit rolls if they meet the requirements in §404.328(a).

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