Provide due process decision notices with benefit continuation language for title XVI and common issue concurrent title II and title XVI reopenings that are adverse to the claimant. The Disability Determination Services (DDS) does not provide a due process pre-determination notice for concurrent cases.

Statutory benefit continuation or Goldberg/Kelly provisions continue benefits for title XVI and concurrent reopenings. For reopenings governed by Goldberg/Kelly, see DI 27540.030.

Benefit continuation as provided under the Act (as amended by P.L. 98-460) requires the claimant to request benefit continuation. For reopenings governed by P.L. 98-460, see DI 27540.015.

When processing an adverse reopening determination on a common issue concurrent title II and title XVI claim, the due process requirements for title XVI also apply to the title II determination. A statutory hearing is the initial appeal step for both determinations. If the recipient’s request for appeal and SSA’s payment continuance is within 10 days of receipt of the due process notice, we will continue payments until the DDS issues an appeals decision. Alternatively, the recipient may waive payment continuance.

NOTE: In “common issue” claims, it is not necessary for the onset or ending dates in the two determinations to coincide. See DI 12045.005 Claims Under Different Titles – Common Issue – General.

Title II due process provisions apply when processing a title XVI determination of continuance concurrently with a title II adverse reopening determination. For example, this situation occurs when we reverse the title II claim to a denial because the recipient did not meet insured status requirements.