TN 12 (09-19)
When the DHO who held the hearing becomes unavailable (e.g., due to illness, injury, or resignation) to write the determination, another disability hearing must be offered before an unfavorable determination is issued.
Have another DHO prepare the determination if the evidence supports a fully favorable determination.
Schedule another hearing per DI 33010.005.
Modify the notice language in DI 33010.080 or DI 33010.085 to show the reason for scheduling another hearing. An example of such a modification is in DI 33015.065.
Place a copy of the notice in the claims folder if the folder is paper.
Cancel the hearing as outlined in DI 33010.005.
Document the claims folder to show that beneficiary (or recipient) declined the offer of another hearing.
Prepare an SSA-5002 Report of Contact to document the folder if the beneficiary (or recipient) declined the hearing by a manner not in writing, e.g., telephone.
A DHO prepares the determination based on the evidence of record.