TN 3 (04-12)
DI 28080.055 Beneficiary Alleges Improper or No Due Process
If the beneficiary or his or her representative alleges that we did not give due process, or we gave it improperly, review the case. If review of the case confirms the allegation, the field office (FO) reinstates benefits from the date of the original suspension or termination action. The beneficiary remains in payment status pending the continuance or cessation determination on his or her claim. Reinstating benefits when a beneficiary alleges improper or no due process is the same for cessations and adverse reopening or revision. Follow the instructions in DI 27525.020.
NOTE: Failure to reinstate benefits could result in a court action to redress a denial of the beneficiary's rights. The Disability Determination Services (DDS) may also receive cases from the Social Security Administration central office for corrective action under this section.