DI 28501.025 Reopening and Revision of a Prior CDR Reconsideration Determination
A. Reconsideration Determination Issued by DDS or Proper Developing Component
If the DDS or proper developing component finds that its reconsideration determination should be reopened under the rules of administrative finality, it will prepare a Summary of Evidence (SSA-887), realign the folder and transmit the case to the DHU. When transmitting such a case, annotate the SSA-408 to show: “Folder Forwarded for Review and Possible Reopening.” Upon receipt of the folder, a DHO will review the case. If a reopening is indicated, the DHU will afford due process and offer the claimant a disability hearing before taking any action to reopen.
If a processing center requests the DDS to reopen its reconsideration determination and the DDS feels the determination should not be reopened, it will prepare an SSA-408 returning the case to the PC. Annotate the SSA-408 to show why the folder is being forwarded and document the folder to show why the reconsideration determination should not be reopened. When such a case is being forwarded to the DHU, it will not be necessary for the DDS to prepare a Summary of Evidence or to realign the folder.
B. Reconsideration Determination Issued by DHO
A reconsideration determination issued by a DHO may only be reopened (under the rules of administrative finality) by a DHO, the ODH, an ALJ or a member of the AC. Thus, any reopening issues on DHO's determinations should be referred to the DHU. If ODH issued the reconsideration determination, refer the reopening issue to ODH.