If the DHU receives a case, discovers an SGA issue is material, and development is
required, follow these steps:
Postpone any scheduled hearing.
If there is not enough time for written notice of postponement to reach the individual
prior to the date of the scheduled hearing, telephone the individual and advise him
or her that the hearing is being postponed pending resolution of the work issue. Advise
the individual that we will send a written confirmation of the postponement shortly,
and then take action to send the confirmation notice.
Forward the claim to the field office (FO). Include a message for a certified electronic
folder (CEF), or attach an SSA-408 to a paper claims folder, stating, “Necessary action on SGA Issue, SSA-789 filed.” If the FO does not issue a determination based on SGA, or if EPE applies,
return the folder to the DHU. If the FO issues a determination based on SGA, advise
the DHU. If the official folder is paper, send a copy of the FO’s completed SSA-833
to the DHU.
Cancel the hearing process if the FO advises they issued a determination and no DHO
decision is needed.
Resume the hearing process if the FO returns the case because work was SGA, but EPE
applies because work is not SGA.