When the disability hearing officer (DHO), upon concurrence of the supervisory hearing officer (SHO), believes the record contains insufficient evidence upon which to hold the hearing or to base a determination.

• •

  Before the hearing, e.g., upon the SHO's or DHO's review, if it is believed additional development is needed OR

• •

  After the hearing, when in the course of the hearing, new evidence is discovered, DHO observations indicate that development is needed, or some element of the adjudicative process was overlooked.

In a State DHU, local business process determines whether the DHO undertakes the development or the case is returned to the development unit.

In a Federal DHU, the DHOs route cases to the disability determination services (DDS) or proper unit for foreign and railroad cases, for additional development.

1. a. 

   A RAD must be approved by SHO.

2. b. 

   Prepare an SSA-5002 Report of Contact that includes the following information:

   1. 1. 

      the name of the DHO,

   2. 2. 

      whether the hearing has occurred or whether the beneficiary (or recipient) waived their appearance, and

   3. 3. 

      what additional development is needed.

3. c. 

   Document the DHU folder.

4. d. 

   Route the claim folder to the DDS or appropriate unit.

5. e. 

   Notify the beneficiary (or recipient) and appointed representative of the action taken, and that there will be a delay pending further development.

Give the beneficiary (or recipient) and appointed representative the opportunity to review and comment on any evidence obtained by the DHU after a hearing before issuing an unfavorable determination. See DI 33015.035 for additional instructions.