The opportunity for a disability hearing at a Disability Hearing Unit (DHU) is afforded at the reconsideration level of appeal in cases involving:

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  favorable initial determinations that were reopened and adversely revised based on medical factors, e.g., reopenings that revise an allowance to a denial, or change an open period allowance to a closed period;

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  reopenings that change the basis for the cessation; or

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  favorable reconsidered determinations that have been reopened and that we propose to adversely revise to a denial or closed period based on medical factors.

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  favorable continuing disability review (CDR) continuances that were reopened and adversely revised based on medical factors, e.g., continuance to cessation or continuance to closed period.

IMPORTANT: Adverse medical reopenings (AMRs) for a later onset are not afforded a disability hearing at the DHU but go through the standard appeals process.

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  When an initial determination is reopened and adversely revised based on medical factors, as described above, the Disability Determination Services (DDS) sends the claimant a notice containing reconsideration appeal rights that include the opportunity for a disability hearing at the DHU.

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  When the DDS proposes an AMR of a reconsideration-level determination, the DDS will not issue the unfavorable determination. The DDS will forward the case to the DHU. The DHU sends a notice to the claimant advising them of the proposed revision and their right to request a disability hearing before a revised determination is issued.

See Also:

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  DI 29001.001 - The Right to a Disability Hearing at the Reconsideration Level at the Medical Continuing Disability Review (CDR) Reconsideration Level

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  DI 33001.001The Disability Hearing Process – Title II and Title XVI

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  DI 33020.025 - Reopenings by the Disability Hearing Officer (DHO)