TN 8 (06-04)

GN 04440.218 Correcting Group II Cessation Date Deficiencies

A. POLICY-CORRECTIVE ACTION

Return group II cessation date documentation and decisional deficiencies to the adjudicating component for correction.

The review component must not assume jurisdiction and prepare an amended determination in cases of cessation date decisional deficiencies. The review component's amended determination becomes a Federal determination, and if the claimant appeals that determination, a subsequent disability hearing would have to be conducted by a Federal hearing officer rather than by a State Agency hearing officer. See 20 CFR §404.915.

B. PROCEDURE-REVIEW COMPONENT

Prepare an SSA-1774-U5 and return the case to the adjudicating component for corrective action. Ask the adjudicating component to:

  • correct the deficiency;

  • prepare a new SSA-832-C3/U3 or SSA-833-C3/U3 if necessary; and return the case to the review component.

EXCEPTION: For cessation date decisional deficiencies in failure to cooperate cases, tell the adjudicating component to send or fax the SSA-832/833-C3/U3 to the review component for completion of the DDS Return (Results) screen and to send the folder to the FO for effectuation of the cessation. If preferred, the adjudicating component can notify the review component by phone or email when the determination is prepared rather than faxing or sending a copy of the determination form.

NOTE: If the cessation date on the SSA-832/833-C3/U3 is incorrect solely due to the passage of time, i.e., the adjudicating component prepared the determination in one month and the review component is reviewing the case in another, a pen-and-ink correction can be made to the cessation date entry on the determination form. (Corresponding changes should also be made to the notice). However, if there is a returnable deficiency, return the case to the adjudicating component and have them prepare an amended determination.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0204440218
GN 04440.218 - Correcting Group II Cessation Date Deficiencies - 09/23/2004
Batch run: 01/27/2009
Rev:09/23/2004