With all other reviews, the quality reviewer follows the preponderance of evidence
standard (i.e., such relevant evidence that as a whole shows that the existence of
the fact to be proven is more likely than not.). However, for DHO determinations,
the quality reviewer follows the lesser substantial evidence standard (i.e., such
relevant evidence as a reasonable mind might accept as adequate to support a conclusion.).
As with all CDR level cases, the probability of reversal (POR) rule does not apply in the DHO review. For when not to apply the POR rule, see ”When You Cannot
Use the Probability of Reversal (POR) Rule” in section GN 04440.112.
The quality reviewer of DHO cases follows the same procedures for deficiency citation
as with other cases to include:
Group I and Group II deficiencies using the SSA-1774; and
Technical Corrective Actions (TCA) using the SSA-847.
For definitions of Group I and Group II deficiencies and TCAs, see “The Quality Review
Process” in section DI 30005.001.
NOTE: There are no work issues or onset issues in DHO cases that would require a Form SSA-5524
(Request for Assistance) to be sent to the field office (FO) for development of work