TN 1 (08-11)

DI 29501.040 Administrative Law Judge Requests Disability Determination Services Determination on Certain Disability Cases

An administrative law judge (ALJ) may not raise any issue which is within the jurisdiction of the disability determination services (DDS) unless the ALJ is prepared to issue a decision which is wholly favorable on the issue of disability. If the decision is not wholly favorable, the ALJ must rule on the issues within his or her jurisdiction, and dismiss the request for hearing with respect to the issues within the DDS’s jurisdiction.

The ALJ must return the claim file to the DDS for action on the issues within DDS jurisdiction. This is comparable to a field office (FO) reversal of a prior technical denial as described in DI 20101.010B.4.

The DDS determination is an initial level medical and vocational determination despite a nondisability determination at a higher level of adjudication. Any notice prepared by the DDS must include reconsideration appeals rights.

EXCEPTION: A disability redesign, prototype case does not receive a reconsideration level determination. The notice in such a case must include hearing appeals rights.