TN 2 (06-09)
DI 26535.011 Initial Title II Notices for Denials
The Disability Determination Services (DDS) must prepare and release a personalized explanation notice to every claimant when an initial Title II medical and medical/vocational disability denial determination is made. DDS notices are computer generated based upon systems input and no entry is made in item 29 of the SSA-831 (Disability Determination and Transmittal).
For further instructions on generating personalized explanation notices, see DI 26530.020, Personalized Explanation in Initial Denials.
A. Closeout paragraphs for disability notices
Initial applications for Disability Insurance Benefits, Disabled Widow(er) Benefits or Childhood Disability Benefits are applications for all benefits to which the claimant may be eligible. Unless the claimant is advised in writing of his or her entitlement or non-entitlement to these benefits, the application remains open for entitlement to benefits at a later date.
To eliminate potential problems with open-ended applications, include a special paragraph developed for all initial Title II and escalated notices.
This paragraph is automatically added to systems-generated award and denial notices and also automatically added to the all-purpose Title II denial notice.
If DDS cannot use the Title II all-purpose denial notice and instead, manually prepares a Title II denial notice, DDS must include paragraph 314 in all situations (e.g., when two claims are processed concurrently, or if a Retirement Insurance Benefit (RIB) claim is pending).
B. Auxiliary notices for Title II denials
If a claim is denied, no DDS notice action for auxiliaries is needed.