Section 205(b)(2) of the Social Security Act (as amended by sections 4 and 5 of P. L. 97-455 make available
a face-to-face evidentiary hearing (i.e., a disability hearing) at the reconsideration
level of appeal for claimants who receive medically based cessation determinations
or medically based adverse reopening determinations.
DHU jurisdiction cases are:
reconsideration level medical cessations; and,
adverse reopenings of favorable initial and reconsideration determinations revised
for medical reasons.
NOTE: An established onset date (EOD) after the alleged onset date is adverse to the claimant
unless the EOD is set at date first insured.
If the claimant requests a disability hearing, process the case in the following order.
Initially, send the case to the adjudicating component to ascertain if a fully favorable
determination can be made.
Subsequently, send the case to the DHU for a disability hearing when the adjudicating
component cannot make a fully favorable determination.