TN 6 (12-23)

DI 14515.010 Notices for Denial of Section 301 Payments

ODO will prepare notices for denials of Section 301 payments using AURORA paragraphs.

A. Procedure – Denial Notices for Title II and Title XVI

Prepare a title II notice on a form SSA-L951-U2, Social Security Notice Letterhead. Prepare a title XVI notice on a form SSA-L8165-U2, Supplemental Security Income Notice of Decision.

B. List of AURORA Paragraphs for Denial 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 4043

You are no longer disabled as of (mm/yy). You will get checks for that month and the next two months. Your last check will be for (mm/yy).

AURORA paragraph 412 – reason for Section 301 denial:

We have determined that you are not eligible for continued benefits based on participation in a vocational rehabilitation, employment, training, or educational program. This is because

[1] your program is not:

  • provided under an employment plan by an approved provider; or

  • an “individualized education program” for a student age 18 through age 21.

Or [2] your program will not provide you with the kind of training, work experience, work skills, or education that will make it more likely that you will be able to work if your health worsens.

Or [3] you stopped participating in your program in {mm/yy}.

Or [4] your program ended in {mm/yy}.

AURORA paragraph ALS020:

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

  • 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 for waiting 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 caption REPC01:

If You Want Help With Your Appeal

AURORA paragraph REP001:

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. And if you hire a lawyer, we will withhold up to 25 percent of any past due benefits to pay toward the fee.

AURORA paragraph REF196:

Visit www.ssa.gov for fast, simple and secure online service. Call us at 1-800-772-1213, weekdays from 8:00 am to 7:00 pm. If you are deaf or hard of hearing, call TTY 1-800-325-0778 . Please mention this letter when you call. You may also call your local office at (DOORS Fill-ins).

C. Procedure - Reconsideration Affirmation of Denial

Prepare a title II notice on a form SSA-L951-U2, Social Security Notice Letterhead. Prepare a title XVI notice on a form SSA-L8165-U2, Supplemental Security Income Notice of Decision.

Insert the following AURORA paragraphs for both title II and title XVI cases.

D. List of AURORA Paragraphs for Reconsideration Affirmation Denial Notice

AURORA paragraph DSL036:

You asked us to take another look at your claim for benefits. Someone who did not make the first decision reviewed your case, including any new facts we received and found that our first decision was correct.

AURORA paragraph 431:

You reported that you were in a vocational rehabilitation, employment, training, or educational program. However, records show that

[1] your program is not:

  • provided under an employment plan by an approved provider; or

  • an “individualized education program” for a student age 18 through age 21.

Or [2] your program will not provide you with the kind of training, work experience, work skills, or education that will make it more likely that you will be able to work if your health worsens.

Or [3] you stopped participating in your program in {mm/yy}.

Or [4] your program ended in {mm/yy}.)

Therefore, you are not eligible for continued payments.

AURORA paragraph 3474C:

If you disagree with the decision, you have the right to request a hearing. At the hearing, a person who has not seen your case before will look at it. That person is an Administrative Law Judge. The judge will review your case again and consider any new facts you have.

  • You have 60 days to ask for a hearing.

  • The 60 days start the day after you receive 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 a hearing.

  • You have to ask for a hearing in writing. We will ask you to fill out a Form SSA-501, called “Request for Hearing”. If you want to make a request, please contact one of our offices. We can help you fill out the form.

AURORA paragraph :

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 they can collect it. And if you hire a lawyer, we will withhold up to 25 percent of any past due benefits to pay toward the fee.

AURORA paragraph REF196:

Visit www.ssa.gov for fast, simple, and secure online service. Call us at 1-800-772-1213, weekdays 8:00 am to 7:00 pm. If you are deaf or hard of hearing, call TTY 1-800-325-0778. Please mention this letter when you call. You may also call your local office at (DOORS Fill-ins).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0414515010
DI 14515.010 - Notices for Denial of Section 301 Payments - 12/27/2023
Batch run: 12/27/2023
Rev:12/27/2023