TN 3 (09-19)
Inform the disability determination services (DDS) of the claimant's death if they
have the claims folder.
Call the FO immediately to report the claimant's death,
If the claims folder is in DHU, review for leads to a substitute party and advise
the FO accordingly,
Flag the claims folder to show that the hearing decision is pending receipt of an
SSA-770 Notice Regarding Substitution of Party Upon Death of Claimant Reconsideration
of Disability Cessation,
Consider postponing the hearing. See DI
Proceed based on information contained on the SSA-770 Notice Regarding Substitution
of Party Upon Death of Claimant Reconsideration of Disability Cessation.
Notify the substitute party about the possibility that the disability hearing officer
(DHO) could issue a fully favorable determination without conducting a hearing based
on available evidence.
Notify the substitute party about the possibility that the DHO could issue a fully
favorable determination without conducting a hearing based on available evidence.
Process the determination if a favorable determination is warranted.
If no purpose would be served in processing the reconsideration,
Return the claims folder to the FO,
Update the case control system, and
Cancel the hearing process upon receipt of a copy of the notice the FO sends to the
party advising that the withdrawal has been approved.
When a substitute party is not located:
Resume case processing based on the FO's report of contact showing a substitute party
cannot be located,
Handle as a waiver of appearance case, and
Send the notice of reconsidered determination to claimant's next of kin, when known
If unknown, send to “Next of Kin of (name of
deceased) ”, and direct to decedent's last known address.
12026.025 Field Office (FO) Processing Guidelines in Requesting a Reconsideration for a Medical
Continuing Disability Review (CDR) Determination
12095.065 SSA-770 (Notice Regarding Substitution of Party Upon Death of Claimant - Reconsideration
of Disability Cessation)
29005.025 Individual Dies before a Determination is made on a Request for Reconsideration Continuing
Disability Review (CDR)