TN 21 (07-23)

DI 33015.025 Preparing the Notice of the Disability Hearing Officer's (DHO) Determination

A. Notice preparation policies

  • Prepare and release a notice along with the DHO's determination. For notices listed in subsection C, see DI 33095.100- DI 33095.116.

  • For Title II cases, prepare and release auxiliary notices, as shown in subsection C in this section, to any auxiliary for whom the number holder (NH) is not the payee. An auxiliary is any person other than the NH entitled to benefits on the earnings record of a living NH.

  • When a legally competent adult beneficiary (or recipient) has a representative payee, the disability determination services (DDS) sends the cessation notice to the competent adult beneficiary (or recipient) and a modified copy of the cessation notice to the representative payee. The representative payee's notice should not contain personal information. The representative payee's notice will include the decision paragraph (4080-4096) and the sentence "(Beneficiary (or Recipient) Name) has been given a more detailed explanation of our determination" on the personalized attachment. For numbered paragraphs, see NL 00708.100.

B. Special notice situations

  • For determining when a Spanish notice is required, see DI 33010.025.

  • For instructions and notice language for foreign claims, see DI 33095.130.

  • For policy and instructions on the preparation of special notification to the blind or visually impaired, see NL 01000.000. Special notice options are available to any applicant, beneficiary, claimant or recipient who applies for benefits under title II or title XVI if they are blind or tell us they need assistance because of a visual impairment.

  • For notice language requirements when there is a continuing disability review (CDR) with a basis change from Blind to Disabled, see DI 28080.065B.

C. Determining which notice(s) to use

1. Statutory Benefit Continuation (SBC) is not offered

  • SSA-L1674-U2 (Title II primary)

  • SSA-L1648-U2 (auxiliary)

  • SSA-L1678-U2 (Title XVI)

2. SBC was elected at reconsideration and is offered again at the administrative law judge (ALJ) hearing level

  • SSA-L1675-U2 (Title II primary)

  • SSA-L1656-U2 (auxiliary)

  • SSA-L1680-U2 (Title XVI)

3. SBC was not elected at reconsideration and is offered again at the ALJ hearing level

  • SSA-L1677-U2 (Title II primary)

  • SSA-L1658-U2 (auxiliary)

  • SSA-L1679-U2 (Title XVI)

4. The DHO makes a determination on a reconsideration of a disability cessation and a new claim at the same time

  • Send the appropriate notice for the reconsideration as listed in this section with the appropriate fill-in.

  • Only one notice is needed to cover both DHO determinations.

5. A concurrent Title II/XVI case is involved

  • Prepare a separate determination notice for each title.

D. Mailing the notices

1. Policy for releasing notices - Case not selected for quality review

  • Release the DHO notice(s) along with the DHO determination to the beneficiary (or recipient) and a copy to the appointed representative, if applicable, unless the case is selected for quality review.

  • Include the appropriate pamphlet, if any, see NL 00603.115.

  • Find instructions for releasing notices in NL 00603.105.

2. Policy for releasing notices - Case is selected for quality review

  • The reviewing component will date and release the notice with a copy of the DHO determination.

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DI 33015.025 - Preparing the Notice of the Disability Hearing Officer's (DHO) Determination - 07/28/2023
Batch run: 07/28/2023