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
Schedule another hearing per DI
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
Place a copy of the notice in the claims folder if the folder is paper.
Cancel the hearing as outlined in DI
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.