Audience:

DDS:
DHU
OCO-ODO-IND:
DEC, DS
OCO-ODO-SHARE:
DE, RECONE
OCO-OIO:
CATA, FCR, FDE, RECONE
PSC:
DEC, RECONR

Citations:

Social Security Act - Section 205(b);

Regulations 20 CFR, Sections 404.900-404.922, 404.993, 404.1546, 416.946, 416.1400-416.1422, 416.1462 and 422.140.

TN 1 (05-89)

GN 04448.401 Overview — Disability Hearing Review

A. Policy Principles

1. LAW

The Secretary of Health and Human Services is required to make available a face-to-face evidentiary hearing (called a disability hearing) to each title II beneficiary who requests reconsideration of a determination that his/her impairment is found to have ceased, not to have existed, or to no longer be disabling.

2. REGULATIONS

Implementing regulations extend the disability hearing process to comparable title XVI and concurrent title II/title XVI beneficiaries. The hearing does not replace or in any way limit the Administrative Law Judge (ALJ) hearing.

B. Definition

Disability hearing reviewis a review by SSA of a disability determination made by a State or federal disability hearing officer (DHO ). The review is a two-step process.

C. Description of the Disability Hearing Review Process

1. STEP 1

  • The disability quality branch (DQB) identifies questionable disability hearing decisions in terms of conformance to the documentation, decision, or procedural standards in the Program Operations Manual System ( POMS ).

  • The DQB refers questionable decisions to the Office of Disability ( OD).

2. STEP 2

OD reviews cases referred by the DQB and determines the appropriate corrective action.

D. References

Reviewers must be familiar with the following:

  • POMS Part 4, especially Chapter 330.

  • POMS Part 2, Chapter 044, Subchapter 40.

  • Code of Federal Regulations (CFR).

  • Social Security Rulings (SSR).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0204448401
GN 04448.401 - Overview -- Disability Hearing Review - 11/08/1996
Batch run: 01/27/2009
Rev:11/08/1996