TN 1 (05-10)
DI 27030.001 Reconsideration Notice Instructions
The Disability Determination Services (DDS) is responsible for preparing a notice to the claimant when an unfavorable or partially favorable disability determination is made. Claimants have the right to receive written notification of:
any determination made on their claims (or on those claims for which they act as representatives);
the reason(s) for the determination; and
information on the right to appeal determinations with which they disagree.
A. Specific case instructions
For notice and personalized explanation instructions for specific case situations (e.g., prisoner cases), see the appropriate subchapters in DI 23500.000 – Specific Case Instructions.
B. Multiple title II reconsideration claims
In multiple Title II reconsideration claims (i.e., Disability Insurance Beneficiary/Childhood Disability Beneficiary (DIB/CDB), DIB/Disabled Widow(er) Beneficiary (DWB), one notice Form SSA-L928 (Social Security Notice of Reconsideration) or SSA-L976-U2, (Social Security Administration Retirement, Survivors and Disability Insurance Notice of Reconsideration, - when appropriate) may be used for both claims.
Check the appropriate boxes indicating the type of claim and show both social security numbers at the top of the notice. A copy of the notice must be placed in the modular disability folder, or uploaded to the electronic folder.
C. Escalated claims
When a Title II initial claim for one type of benefits is filed while a related reconsideration claim for another type of benefit is pending, the new claim is escalated to the reconsideration level. The DDS processes both claims concurrently, and includes the following additional paragraph(s) in the notice for the escalated claim.
Escalated initial Title II with related reconsideration Title XVI
Escalated initial Title II with related reconsideration Title II
Escalated initial Title XVI with related reconsideration Title II
NOTE: Close-out paragraph 416 is systems generated for Title II escalated claims. For additional information on escalation or close-out paragraphs, see NL 00708.100 – Paragraphs Used in Notices.
D. New application filed while reconsideration pending
When a claimant files a new application while a reconsideration claim for the same type of benefits is pending, include the following statement:
“This is also a denial of your application(s) filed [Date(s) of Application(s)].”
E. Additional instructions and information
For multiple or concurrent claim notices, see NL 00603.001 – General Notice Policy – Title II and Title XVI.
For Pre-effectuation Review (PER), Quality Assurance (QA) sample cases, and Spanish language notices, see DI 26535.036 – Special Situations.