TN 9 (08-23)

DI 29025.001 Disability Determination Services (DDS) Action When Fully Favorable Reconsidered Determination Is Not Issued

A. Case preparation – disability hearing

Less than fully favorable disability cessation appeals are not adjudicated at the pre-hearing (PH) level. The PH level completes assessment forms and sends all less than fully favorable determinations to the disability hearing unit (DHU).

The DDS will take the following actions to prepare a case for the disability hearing:

  1. 1. 

    Ensure proper documentation of the folder. See Documenting the Disability Folder - DDS DI 20503.001.

  2. 2. 

    Enter "Advisory" on the medical assessment form(s) completed by the medical/psychological consultant (MC/PC) at the PH level:

    • SSA-4734-BK Physical Residual Functional Capacity Assessment;

    • SSA-4734-F4-SUP Mental Residual Functional Capacity Assessment;

    • SSA-2506-BK Psychiatric Review Technique Form;

    • SSA-538-F6 Childhood Disability Evaluation Form;

    • SSA-416-UF Medical Evaluation.

    NOTE 1: If the case is sent to the to the DHU, the disability case processing system marks all applied assessments as "Advisory" on the DDE. If the assessment form has been imaged into the certified electronic folder (e.g., paper cases) and cannot be changed, the user will access eView and annotate "Advisory" in the "Notes" field next to the assessment form. To access the "Notes" field, the user will click on Details and type "Advisory" in the note field.

    NOTE 2: If the MC/PC is affirming the prior findings, ensure all the criteria are met in DI 25230.001B.6. or DI 27001.001E.1.

    For more processing information, see Processing a Reconsideration Appeal of an Electronic Continuing Disability Review (eCDR) Cessation DI 81020.255B.1.b.

  3. 3. 

    Prepare an SSA-887 Summary of Evidence. (See DDS Action When Fully Favorable Reconsidered Determination is Not Issued DI 29025.001B and SSA-887 (Summary of Evidence) – Exhibit DI 29025.010, for an example of the form).

    NOTE: The DDS administrator has the discretion to determine whether the DDS or the DHU completes the SSA-887 (Summary of Evidence). If a Federal DHU is responsible for issuing the reconsidered determination, the DDS administrator and the regional commissioner must agree whether the Federal DHU or the DDS will complete the SSA-887.

B. SSA-887 Summary of Evidence

1. Section A

Complete Section A. as follows:

  • List all medical reports obtained since the Comparison Point Decision (CPD), including consultative examinations, in chronological order (newest to oldest based on the date of the evidence or report),

  • List any vocational reports obtained since CPD,

  • List all assessment forms required for the case (e.g., RFC, MRFC, PRTF).

2. Section B

Complete Section B. as follows:

  • List all medical reports used at CPD, including consultative examinations, in chronological order (newest to oldest based on the date of the evidence or report),

  • List any vocational reports used at CPD,

  • List all assessment forms prepared at the CPD (e.g., RFC, MRFC, PRTF).

C. Age 18 Redeterminations

The CPD is not relevant in the evaluation of an Age 18 Redetermination. Thus, CPD evidence should not be identified on the SSA-887. If the determination involves only an Age 18 Redetermination, identify the current evidence in the case. When you scan or copy relevant evidence into the folder, as described in DI 23570.020C.2., include this evidence in section A on the SSA-887.

D. Case transmission

For electronic cases, see Processing a Reconsideration Appeal of an Electronic Continuing Disability Review (eCDR) Cessation DI 81020.255B.1.b.

For paper cases, follow these instructions to transmit the case to the DHU:

  1. 1. 

    Update the case control system using the appropriate DDS or DHU code as the destination code. The appropriate destination code may vary based on local operating procedures.

  2. 2. 

    Use an SSA-408 (Route Slip) to send the case to the DHU and annotate it to alert the DHU to any special situations, e.g., associated new claim, section 301 cases, drug addiction or alcoholism (DAA), prisoner case.

  3. 3. 

    Hand-deliver the case if the DHU is co-located with the DDS. Otherwise, mail it or, if possible, use a courier service to speed delivery.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0429025001
DI 29025.001 - Disability Determination Services (DDS) Action When Fully Favorable Reconsidered Determination Is Not Issued - 08/01/2023
Batch run: 08/01/2023
Rev:08/01/2023