TN 3 (04-12)
DI 28080.050 Due Process Requirements When the Disability Determination Services Receives Additional Evidence or Information
A. Beneficiary provides additional information
Prepare a brief acknowledgement on either Disability Determination Services (DDS) letterhead or the appropriate blank SSA letterhead (use the same as the initial due process pre-determination letter). Include the following language.
“This acknowledges receipt of the additional information you sent to us. We will consider the new information along with the other evidence in your case to make a determination as to the date your disability began. When we make the continuance or cessation determination, we will notify you in writing.”
NOTE: Do not include any statement about the significance of the information received.
B. Beneficiary indicates he or she will not submit additional evidence or statement
Do not process the claim before the 15 days (10 days, plus 5 days for mailing time) expire unless you receive a written statement from the beneficiary stating that he or she will not submit additional evidence. If the beneficiary provides a written statement that he or she will not be submitting additional evidence, place the statement in the official claims folder and complete processing of the cessation immediately.
C. Beneficiary’s response results in a change in date of cessation or basis code
If the beneficiary's response changes the proposed cessation from one non-medical basis to another non-medical basis (e.g., whereabouts unknown to failure to follow prescribed treatment), send a second pre-determination notice and diary for follow-up, etc. In such a case, the cessation date depends on the new non-medical basis for the cessation.
We do not require a second pre-determination notice when changing the cessation date to a date later than the date mentioned in the original pre-determination notice, provided that there is no change in the basis (e.g., blind to disabled).