7.

8.

9.

10.

"Disability Determination Services Administrator" means that

individual who is the head of the Disability Determination

Services.

The term "State law" means enacted State statutes and includes those codified State Regulations which have the full force and effect of law.

The term "disability" means "disability" or "blindness" as

defined in Section 216 (i) and 223 of Title II; or Section 1614

(a) (2) and (3) of Title XVI of the Act; or Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended.

The term "determination of disability" includes one or more of the following:

a.

Whether or not an individual is under a disability;

11.

d.

The prompt referral of individuals for vocational

rehabilitation purposes as specified in the Act.

The term "Managing Trustee" means the Secretary of the Treasury. 12. The term "necessary cost" shall include direct as well as

indirect costs as defined in Federal Management Circular

74-4, and Title 41 CFR subpart 1-15.7, and as they may be
amended or superseded.

C.

1. The Secretary and the State shall work together in mutual support to better serve those people who apply for benefits under the disability provisions of the Act, by:

a. Provide standards to promote quality and uniformity in

b.

c.

d.

e.

the administration of the Act.

Provide minimum training specifications necessary to the
processing of disability determinations and the operation
of the program.

Monitor and evaluate the performance of the State in
relation to the application of standards.

Provide funds to the State for the necessary cost of

performance under this agreement.

Maintain liaison with the medical profession on a national

basis as well as with other national organizations and

agencies that may affect the program.

D.

2.

The State shall:

a.

b.

c.

d.

e.

f.

8.

Provide such management as will ensure effective and
efficient administration of functions performed by the
State under this agreement.

Comply with standards issued by the Secretary to promote
quality and uniformity in the administration of the Act.
Provide facilities, organizational structure, qualified
personnel, and medical consultative services consistent

with the standards issued by the Secretary and not contravened
by State law.

Maintain liaison with medical profession as well as other

organizations within the State of New York that may

facilitate disability determinations.

Furnish reports and records relating to the administration

of the disability program as specified in standards

issued by the Secretary.

Participate in program related research and development

projects as requested by the Secretary.

Render other assistance to the Secretary as may be

mutually agreed.

Determinations of Disability

1. Each determination of disability shall be certified by the
State to the Secretary on forms provided by the Secretary.

2.

The State shall also furnish the Secretary with the evidence
considered in making its determinations of disability in
individual cases. Except as provided in subsections (c) and
(d) of Section 221 of the Social Security Act, any determination
of disability made by the State shall be the determination of
the Secretary for the purposes of Title II of the Act. (For
purposes of Title XVI of the Act, see D.4., 5., 6., and 7.)
The State shall not, however, be a party to or assume any
responsibility for defending any determination made by the
Secretary pursuant to Title II and Title XVI of the Act.

The State shall make determinations of disability with respect
to individuals in the State of New York in the following
classes of cases arising under Title II of the Act:

a. Cases, except those classes of cases designated under
paragraph 3 of this part, arising under the several

b.

sections of Title II calling for determinations of disability.

Any case specifically excluded from the class of cases
referred to in a. above, but the Secretary finds from all

the circumstances of the case that medical or other

consultation is warranted in order to make a proper
initial or current determination of disability and that
such consultation can be accomplished more expeditiously
and effectively by the State agency.

3.

There shall be excluded from the classes of cases referred to
in paragraph 2.a.:

a.

b.

c.

Any case in which the individual has completed 10 years

of service in the railroad industry as that term is

defined in Section 2.a. (1) of the Railroad Retirement Act

of 1974, as amended, or has been awarded an annuity under
such Act;

Any case in which an individual, determined to be under a
disability as defined in Section 216(i) of the Act, files
an application for disability insurance benefits under

the Act, but only insofar as the case requires a determination
that such disability has (or has not) continued up to and
including the effective date of his application for
disability insurance benefits;

Any case in which it is clear and uncontradicted that the
date of onset of the applicant's alleged disability is
more than one year after (i) the last day of the period
prescribed in Section 202 (d) (6) or 202(e) (5) or 202(f) (6)
of the Act, as appropriate, or (ii) the date he last met
the requirements of Section 216(i)(3) or Section 223(c) (1)
of the Act, as appropriate, or the alleged onset of his
disability is due to traumatic injury which occurred

after the date he last met the requirements of such

section;