TN 1 (09-16)
DI 29005.015 Individual Withdraws Request for Reconsideration at the Continuing Disability Review (CDR) Pre-Hearing (PH) Level
A. Approved withdrawal
An approved withdrawal cancels the reconsideration request. The field office (FO) must approve or disapprove all withdrawal requests. For information on approved withdrawals, see DI 12026.025E.4.
NOTE: A withdrawal is different from a waiver of the right to appear at a disability hearing. For information about a withdrawal request for reconsideration of a disability cessation, see DI 33010.055.
B. Handling a request for withdrawal of the reconsideration request
If the DDS receives a withdrawal request either in person or by telephone, advise the individual that withdrawing the reconsideration request for reconsideration of a disability cessation may be disadvantageous based on the reasons cited on the form SSA-789 (Request for Reconsideration-Disability Cessation Right to Appear).
If the individual still wants to withdraw the request for reconsideration of a disability cessation, advise him or her that he or she must submit a written request to the FO for approval. If necessary, the DDS should telephone the disability hearing unit (DHU) and request postponement of the hearing process, pending disposition of the withdrawal.
If the DDS receives a written request for withdrawal, place the request into the electronic or paper file. Contact and advise the individual that withdrawing the request for reconsideration of a disability cessation may be disadvantageous based on the reasons cited on the form, SSA-789.
If the individual wants to continue withdrawal of the request for reconsideration of a disability cessation, forward the case folder as a ‘No Determination’ (ND) to the FO for approval or disapproval of the request. If necessary, telephone the DHU and request postponement of the hearing process pending the disposition of the withdrawal.
DI 23015.001 Claimant Does Not Wish to Pursue Claim or Requests to Withdraw the Application
DI 33010.055 Withdrawals of Request for Reconsideration — Disability
DI 81020.127 Processing “No Determination” (ND) Claims