TN 1 (09-16)
DI 29005.030 Development Requests
CITATIONS: Social Security Act, Section 205(b) 20 CFR 404.916, 416.1416
A. Returns for additional development (RADS)
The supervisory hearing officer may return a case to the disability determination services (DDS) for additional development at any time before the disability hearing officer (DHO) makes the reconsidered determination.
The Office of Quality Review (OQR) may return a case selected for quality review to the disability hearing officer (DHO) to obtain additional development. The DHO may then prepare a development request and forward it with the case folder to the DDS.
B. RADS received at the pre-hearing (PH) level
When the DDS receives the additional evidence, the DDS will review the information and perform the following actions:
Review the case.
Contact the component requesting the development if you wish to discuss the request.
Make a fully favorable determination if the evidence warrants such a determination. For additional information regarding when a fully favorable determination can be made, see DI 29005.005C.
For electronic cases, transmit the fully favorable determination to the disability hearing unit (DHU). If the additional development resulted from a quality review, transmit the fully favorable determination to the OQR, and notify the DHU of the transmission.
For paper cases, send a copy of the fully favorable determination to the DHU. If the additional development resulted from a quality review, send a copy of the fully favorable determination to the OQR.
If the evidence does not support a fully favorable determination, return the case to the DHU.
C. Informal remands (IR)
Office of Disability Adjudication and Review (ODAR) may remand a paper case to the DDS. For more information on IRs, see DI 27520.005.
The disability determination services (DDS) cannot reopen a disability hearing officer’s (DHO) determination. The DDS must return the paper case to the DHU for reopening consideration. For additional information regarding the reopening of a determination or a decision, see DI 27501.005.