BASIC (03-86)

DI 28065.045 Due Process Requirements

A. Suspension of Benefits

The DO will furnish due process when benefit payments are to be suspended.

B. Disability Cessation

1. GENERAL

The DDS will afford the beneficiary predetermination due process when the evidence indicates a cessation of disability. Incorporate the following language in the notice:

  • In determining if a person is disabled, we cannot consider any impairment connected with the commission of a felony after October 19, 1980, for which the person has been convicted. This includes an impairment that arose during the felony. It also includes the aggravation of an impairment if the aggravation occurred during the felony. Where the jurisdiction does not classify any crime as a felony, we apply these provisions to a crime which can be punished by death or by imprisonment for more than one year. Because of these provisions, our determination is based only on impairments which are not connected with the offense you committed.

2. BENEFITS IN SUSPENSE

Do not include reference to payment for the month of the cessation of disability and the following 2 months or the month of the last benefit payment when the individual's benefits are in suspense. In such cases substitute: “The law also provides that an individual's period of disability will continue for the month disability ends and the following 2 months. Accordingly, the last month of your period of disability is          .”


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428065045
DI 28065.045 - Due Process Requirements - 01/23/1990
Batch run: 01/27/2009
Rev:01/23/1990