TN 53 (08-95)

DI 32521.035 Notice Instructions - Affirmation of Prior Denial

A. Policy

The claimant, and his/her representative must be notified of any decision which is wholly unfavorable.

B. Procedure

1. Title II only

Prepare an SSA-L951-U2/C2 (Social Security Notice Letterhead) for title II only cases. Add the third line heading “IMPORTANT INFORMATION”, and include:

  1. An introductory statement which reads:

    “We have completed the review you requested as a result of the Dixon court order. Based on our review, we still find that the determination in your case is proper and in accordance with the law. Therefore, the denial of your earlier application remains unchanged.”

    For cases involving a consolidated decision (i.e., a Dixon claim and initial claim) add: “This notice includes our decision on both the Dixon case review and the new application filed on (date of new application) .”

  2. An optional paragraph to be used if claimant is in current pay:

    “This review does not affect the checks you are getting now based on your later application.”

  3. Paragraph 4041 (Delete if merged text format is used.)

  4. A discussion of the evidence containing the elements in DI 26530.020 ff.

  5. Paragraph 140 --in the second sentence substitute “if you still believe” for “if you believe.”

  6. Paragraph MG20

  7. Enclosures:

    • Explanation of Determination (Delete if merged text is used.)

    • SSA Pub. No. 70-10281

2. Affirmation of closed period

Follow the instructions in DI 33015.025 in preparing the notice for title II affirmation of a closed period. Include the introductory paragraph from B.1.a. above (and B.1.b., if applicable). Replace the last sentence of paragraph B.1.a. with “Therefore, the decision that your disability ended remains unchanged.”

3. Title XVI only

Prepare Form SSA-L8052-U2/C2 (Social Security Notice of Disapproved Claim) for title XVI only cases. Add the third line heading “IMPORTANT INFORMATION”, and include:

  1. The introductory statement from B.l.a. above.

  2. B.l.b. above

  3. B.1.c. above

  4. B.1.d. above

  5. Paragraph 140--in the second sentence substitute “If you still believe” for “If you believe.”

  6. Paragraph 1481

  7. Paragraph MG20

  8. Enclosures:

    • Explanation of Determination (Delete if merged text format is used.)

    • SSA Pub. No. 70-10281

4. Affirmation of closed period

Follow B.2. above for title XVI affirmation of a closed period.

5. Concurrent cases

For title II concurrent cases, follow B.1. above, but add disclaimer paragraph 842.

For title XVI concurrent cases, follow B.2. above, but add disclaimer paragraph 841.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0432521035
DI 32521.035 - Notice Instructions - Affirmation of Prior Denial - 02/20/2013
Batch run: 02/20/2013
Rev:02/20/2013