TN 1 (10-15)

DI 28095.001 General Information on Continuing Disability Review (CDR) Notices

A. Right to notification

A disabled individual has the right to receive written notification of:

  • any determination made on his or her case,

  • the reason(s) for the determination, and

  • his or her appeal rights if the disabled individual disagrees with the determination.

Public Law (P.L.) 96-265, section 305 requires that the Social Security Administration provide personalized notices, on disability determination that are in whole or on part unfavorable to primary claimants, beneficiaries and recipients.

B. Federal case processing units, Office of Disability Operations (ODO) and Office of Earnings and International Operations (OEIO) notices

References to the disability determination service (DDS) in these instructions also apply to the federal case processing units in program service centers (PSC) 1 through 6, ODO (railroad cases) and OEIO (foreign claim cases). OEIO will contact foreign beneficiaries and should use the appropriate modified language, which deletes references to the field office (FO) and includes the appropriate OEIO contact information, see DI 28095.105.

A copy of all notices must be included in the file. Current appointed representative and authorized disclosure procedures apply.

C. Notices not covered by instructions

DDSs should use independent judgment to decide what information to include in the notices not covered by these instructions, provided such judgments are consistent with notice standards outlined in DI 26535.036A.

For instructions on preparing a notice for situations not fully covered by instructions, see NL 00603.020.

NOTE: The DDS may contact the assistant regional commissioner –management operations support (ARC-MOS) for assistance on any issue. If the issue occurs with some regularity, the DDS should also submit a written request to the ARC-MOS outlining the issue, the problem it is causing and the solution the DDS believes to be best.

D. Specific case instructions

We listed instructions for some special cases; see the referenced subchapters in this chart:

Special Case

Subchapter

Case involves work activity trial work period (TWP)

DI 28050.000 Work Activity Cases Trial Work Period – Table of Contents

Case involves an extended period of eligibility (EPE) (including Medicare only MQGE-EPE)

DI 28055.000 Extended period of eligibility (EPE) Cases – Table of Contents

Case involves vocational rehabilitation (VR) participation (301 Cases)

DI 14510.010 DDS Procedures for Cases Involving Participation in a VR or Similar Program

Case involves an individual convicted of a felony (prisoner and felon cases)

DI 28065.050 Notice Preparation Instructions

Case involves a 1619 CDR

DI 28075.600 Overview of the 1619 CDR Process

Case involves a predetermination process

DI 28080.000 Due Process – Table of Contents

Case involves a CDR re-opening

DI 28501.000 Re-openings and Revision of CDR Determinations – Table of Contents

Case involves a CDR reconsideration

DI 29005.000 Development of Evidence – Table of Contents