TN 8 (04-04)
DI 30005.407 Deficient CDR Reconsideration Reversals and Favorable Reconsideration Reopenings
A. Introduction - Disability Hearing Unit (DHU) cases
A face-to-face evidentiary hearing, i.e., a disability hearing, is available at the reconsideration level of appeal for individuals who receive medically based cessation determinations or medically based adverse reopening determinations.
CDR reconsideration affirmation determinations and reconsideration affirmation determinations of adverse reopenings are excluded from the QR sample if the individual has elected to receive a disability hearing and the case must be sent to the DHU.
B. Policy - corrective action
The review component will return a CDR reconsideration reversal determination or a reconsideration reversal determination of an adverse reopening to the adjudicating component for correction of the deficiency.
If a fully favorable CDR reconsideration determination or a fully favorable reconsideration determination of an adverse reopening contains a group I or group II deficiency, and correction of the deficiency results in a less than fully favorable determination, the corrected case is sent to the DHU if the individual has elected to receive a disability hearing. See GN 04440.310 for a further explanation of review component action in these situations.
C. Procedure - DDS
If a fully favorable determination is not possible after the deficiency is corrected:
Prepare the case for a disability hearing.
Send the case file to the appropriate DHU.
Return a copy of the SSA-1774-U5 or deficiency transmittal to the review component with a notation that the case was forwarded for a disability hearing (or follow locally established control procedures).
NOTE: If you rebut the deficiency, follow DI 30005.501 and return the case to the review component with the rebuttal.