TN 3 (07-08)
DI 14515.007 Notices for Allowance of Section 301 Payments
ODO will prepare notices for allowances of Section 301 payments using AURORA paragraphs.
A. Procedure - Title II
Prepare the notice on a form SSA-L951-U2, Social Security Notice Letterhead. Compose the notice using AURORA paragraphs.
B. Procedure - Title XVI
Prepare the notice on a form SSA-L8165-U2, Supplemental Security Income Notice of Decision. Compose the notice using AURORA paragraphs.
C. Procedure – Title II Auxiliaries Involved
If auxiliaries are involved, include the following in the notice to the wage earner.
AURORA paragraph 411:
Send an SSA-L951-U2 notice to auxiliaries if they are in a separate household with the following and AURORA paragraph REF033.
AURORA paragraph 410:
We have determined that (name of wage earner) is no longer disabled under the Social Security law. However, benefits will be continued because of (his/her) participation in vocational rehabilitation or a similar program.
If you are not satisfied with our finding that (name of wage earner’s) disability (blindness) ended, you may request that your case be reexamined no later than 60 days from the date you receive this notice even though your payments are being continued.
D. List of AURORA Paragraphs for Allowance Notice
AURORA paragraph 399 - lead-in:
We are writing to you about your benefits under the Social Security Disability program (or) under the Supplemental Security Income Disability program.
AURORA paragraph 408 - disability ends but benefits continue:
Medical evidence shows that you no longer meet the disability (blindness) requirements on (date disability/blindness ceased). Even though your disability (blindness) ended, you will get disability benefits. Your benefits will continue because you are participating in a vocational rehabilitation, employment, training, or educational program that meets certain requirements and that you started before your disability (blindness) ended.
We will contact you in (date of follow-up) to see if you are still in the program and to review your progress in the program. If you stop participating, or your program stops or changes before that date, let us know.
AURORA paragraph 142 – appeal rights for disability decision:
Use this paragraph only if the 301 allowance determination is made within the 60 day appeal period for the medical cessation. We previously sent you a letter telling you how to ask for an appeal of the decision that your disability (blindness) has ended. If you do not agree that your disability (blindness) has ended, you can ask to have your claim reviewed. You may do this even though your payments are being continued because you are in a vocational rehabilitation or similar program.
AURORA paragraph 430 – appeal rights for payment continuation:
If you disagree with our decision to continue your disability payments because you are participating in a vocational rehabilitation, employment, training, or educational program, you have the right to appeal. We will review your case again and consider any new facts you have. A person who did not make the first decision will decide your case.
AURORA paragraph ALS122:
You have 60 days to ask for an appeal.
The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5 day period.
You must have a good reason if you wait more than 60 days to ask for an appeal.
You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called “Request for Reconsideration”. Contact one of our offices if you want help.
AURORA paragraph 3215E:
You can have a friend, lawyer or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your local Social Security office has a list of groups that can help you with your appeal.
If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he/she can collect it.
AURORA paragraph REF033:
If you have any questions, call us at 1-800-772-1213. We can answer most questions over the phone. If you prefer to visit or call one of our offices, the 800 number service representative can give you the nearest office address and telephone number. Please have this letter with you if you call or visit an office. It will help us answer your questions.