TN 3 (09-19)

DI 33010.010 Disability Hearing Officer (DHO) Review of the Claims Folder

A. Purpose for folder review

Prior to the hearing, the DHO receives the claims folder to review. This review is for the DHO to become familiar with relevant evidence and to pinpoint the key issues expected to arise in the hearing.

B. Reviewing the folder

1. DHO folder review responsibilities

  1. a. 

    Read the entire claims folder to ensure that proper development has occurred, and that the Summary of Evidence is complete and accurate.

  2. b. 

    Complete the review far enough in advance of the hearing to ensure all issues are addressed in a timely manner.

  3. c. 

    Identify issues not already reviewed or identified by clerical staff or the supervisory hearing officer (SHO).

  4. d. 

    If the evidence supports a fully favorable determination, write the determination and cancel the hearing if scheduled.

  5. e. 

    If the evidence supports a fully favorable determination, but the beneficiary (or recipient) or representative is already present at the disability hearing unit (DHU), proceed with the hearing. The DHO's determination is not annotated to show that a fully favorable decision could have been made without holding a hearing.

2. The DHO's review may include the following materials:

  1. a. 

    SSA-408 Route Slip (in paper claims) or SSA-5002 Report of Contact containing any special situations, e.g., 301, adverse effect material, drug addiction and alcoholism (DAA), etc.

  2. b. 

    SSA-454-BK Continuing Disability Review Report, the determination under appeal and rationale, and the notice to the beneficiary (or recipient).

  3. c. 

    SSA-3441-BK Disability Report - Appeal or SSA-3441-BK-SP Disability Report- Appeal Spanish.

  4. d. 

    SSA-789 Request for Reconsideration-Disability Cessation Right to Appear or Modernized Supplemental Security Income Claims System (MSSICS) generated printout.

  5. e. 

    SSA-887 Summary of Evidence.

  6. f. 

    Relevant medical or vocational information.

  7. g. 

    Previous notice(s) to beneficiary (or recipient).

  8. h. 

    Relevant impairment severity assessment forms. See DI 33010.001D for additional details.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0433010010
DI 33010.010 - Disability Hearing Officer (DHO) Review of the Claims Folder - 09/05/2019
Batch run: 09/05/2019
Rev:09/05/2019