The Fifth Amendment to the Constitution provides that no person shall be deprived
of property interest without due process of law. Due process is giving the individual
(and his or her representative payee, if any) an opportunity to offer rebuttal evidence
and respond to the proposed adverse action before the adjudicator renders a final
decision.
Specifically, due process requires that the adjudicator inform the individual that
his or her benefits will stop or reduce (or an overpayment may result) if:
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He or she is no longer disabled (cessation); or
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He or she is no longer entitled or eligible to disability benefits or payments on
the current application (adverse reopening); or
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He or she receives erroneous payments after a determination of denial; or
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The adjudicator changes the onset date to a later date; or
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The adjudicator changes the cessation date to an earlier date.