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.