TN 4 (09-21)

DI 28080.055 Individual Alleges Improper or No Due Process

If the individual or his or her representative alleges that DDS did not give due process, or DDS gave it improperly, the adjudicator will review the case. If review of the case confirms the allegation, the field office (FO) reinstates benefits from the date of the original suspension or termination action. The individual remains in payment status pending the continuance or cessation determination on his or her case. For instructions on reinstating benefits when an individual alleges improper or no due process is the same for cessations and adverse reopening or revision, see DI 27525.020.

NOTE: Failure to reinstate benefits could result in a court action to redress a denial of the individual's rights. The Disability Determination Services (DDS) may also receive cases from the Social Security Administration central office for corrective action under this section.