TN 1 (09-09)

DI 27540.040 Reopening and Revision at the Reconsideration Level

A. Policy for affording disability hearings

The opportunity for a disability hearing is afforded at the reconsideration level of appeal in cases involving:

  • favorable initial determinations that were adversely reopened and revised based on medical factors, e.g., adverse reopenings that revised an allowance to a denial, established a later onset date, or changed an open period allowance to a closed period;

  • reopenings that change only the basis for the cessation; or

  • favorable reconsidered determinations that have been reopened and that we propose to adversely revise based on medical factors.

B. Adverse reopenings based on medical factors

  • When an initial determination is reopened and adversely revised based on medical factors, the Disability Determination Services (DDS) sends the claimant a notice containing reconsideration appeal rights that include the right to a disability hearing.

  • Before a reconsideration determination is reopened and adversely revised based on medical factors, the disability hearing unit sends a notice to the claimant advising him or her of the proposed revision and his or her right to request a disability hearing before a revised determination is issued.

See Also:


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0427540040
DI 27540.040 - Reopening and Revision at the Reconsideration Level - 09/22/2009
Batch run: 09/22/2009
Rev:09/22/2009