TN 1 (09-09)
DI 27540.035 Concurrent Title II/Title XVI – Statutory Benefit Continuation Does Not Apply
Goldberg/Kelly automatic payment continuation governs the following types of reopenings and revisions:
For information on the cases where the Disability Determination Services (DDS) sends a predetermination due process notice, see Policy – Due Process for Adverse Reopenings DI 27525.001C.
DI 27525.010 - Providing Due Process in Adverse Reopenings Involving Title XVI and Concurrent Title II/Title XVI Cases.
DI 13015.015 - Benefit Continuation in Failure to Cooperate/Whereabouts Unknown Cases.
DI 28075.005 - Failure to Cooperate (FTC) and Whereabouts Unknown (WU) Cases
NOTE: Goldberg/Kelly procedures do not apply to Title XVI whereabouts unknown cases because WU (S06) is considered an administrative suspension and does not result in a loss of eligibility.
B. Reopening and revision is less than fully favorable
1. Allowance to closed period – Title II and Title XVI
2. Denial to partially favorable onset (not AOD) – Title II and Title XVI
3. Denial to closed period – Title II and Title XVI
4. Fully or partially favorable onset to a later onset
Fully Favorable or Partially Favorable Onset to a Later Onset – Title II – Reopening Notice 10 (NL 00705.246)
Fully Favorable or Partially Favorable Onset to a Later Onset – Title XVI – Reopening Notice 11 (NL 00705.251)
C. Reopening and revision is unfavorable
D. Basis change only – blind to disabled
E. No change in basis or end result – claimant aware or denial of request to reopen and revise
No Change in Basis or End Result – Claimant Aware or Denial of Request to Reopen – Title II – Reopening Notice 12 (NL 00705.256). Add disclaimer paragraph 842.
No Change in Basis or End Result – Claimant Aware or Denial of Request to Reopen – Title XVI – Reopening Notice 12 (NL 00705.256). Add disclaimer paragraph 841.
F. No change in basis or end result-claimant unaware
G. Reopening and revision is unfavorable – Notifying auxiliaries in separate households