TN 1 (12-17)
DI 28501.020 Unfavorable Reopening of Prior Continuance Determination
A. Revision of a prior favorable continuance under administrative finality
If a prior favorable continuance is incorrect, the Disability Determination Services (DDS) must complete any outstanding development of the case. If the evidence shows that the prior determination needs revision and the rules of administrative finality allow, the DDS should take the following actions:
follow the rules of due process in DI 27525.000, and
prepare a revised determination using the evidence received from the outstanding development.
B. Exception to medical improvement (MI) applies
There may be cases in which the “error” exception to MI applies. If the DDS based the cessation determination on applying the “error” exception and the individual’s ability to perform substantial gainful activity (SGA) (where administrative finality does not allow a reopening), process the cessation determination according to the continuing disability review (CDR) determination procedures by completing the following:
Form SSA-832 (Cessation of Disability or Blindness Determination and Transmittal – Title II) or SSA-833 (Cessation of Disability or Blindness Determination and Transmittal – Title XVI),
Predetermination due process (if applicable), and
For more information on exceptions to MI, see DI 28020.001.
For more information on CDR cases involving Group II exceptions, see DI 28020.900. For more information on reopening cases where the Medical Improvement Review Standard (MIRS) applies, see DI 28020.375.