TN 1 (09-19)
The disability hearing addresses only the issue of disability based on medical factors
which is under appeal to the reconsideration level of review (or which is the subject
of a proposed adverse reopening and revision).
The disability hearing does not apply:
in making an initial determination on a new application (including closed period cases)
unless it is forwarded for association with a prior claim which is subject to the
disability hearing process;
in a reconsideration of an initial determination on a new application (including partially
favorable determinations, e.g., closed periods and later onsets); or
to non-medical issues (substantial gainful activity (SGA), overpayment of benefits,
amount of income and resources (Title XVI)), or to reconsiderations of continuing
disability review (CDR) cessations based on “whereabouts unknown”.
Disability hearings are conducted by a:
State or Federal disability hearing officer (DHO) if a State made the determination
under appeal; or
Federal DHO if a Federal adjudicator made the determination under appeal.
DI 12026.020 Field Office (FO) Responsibilities When Claimant Wants to Request a Reconsideration
- Disability Hearing
DI 29005.022 New Application and Request for Reconsideration - Disability Cessation
DI 33001.001 The Disability Hearing Process - Title II and Title XVI
DI 33010.001 General Review of Claims Folder and Preparation of In-House Folder in the Disability
Hearing Unit (DHU)