TN 6 (12-93)

NL 00601.150 Reconsideration and Hearing Information

A. Background

1. Initial determinations

20 CFR 404.904 provides that each notice of initial determination inform the beneficiary of the right to a reconsideration.

2. Reconsiderations

20 CFR 404.922 provides that we shall mail a written notice of the reconsidered determination to the parties requesting reconsideration at their last known address and tell them of the right to a hearing.

B. Policy

1. Initial determinations

  1. We must include a reconsideration paragraph in all:

    • Award notices (This must include language that we may also review those parts of our decision that the claimant thinks are correct and may make them unfavorable or less favorable.)

    • Disallowance notices

    • Denial notices

    • Postentitlement notices that explain actions resulting from initial determinations.

    • Reopened and revised initial determination notices.

    • Notices in nonclaims earnings cases.

  2. See GN 03101.070 through GN 03101.100 for detailed definitions of what types of actions are, and are not, considered initial determinations.

2. Reconsiderations

We must include a hearing paragraph in:

  • an award notice where an initial disallowance or denial is reversed (This must include language that the ALJ may also review those parts of our decision that the claimant thinks are correct and may make them unfavorable or less favorable.)

  • a notice of reconsideration which affirms, revises, or reverses the initial determination.

  • a notice of a reopened or revised reconsideration determination.

  • a postentitlement notice if we change an initial determination upon reconsideration.

C. Description of reconsideration paragraphs

1. Manual notices

  1. Domestic cases

    • Awards - ALS023

    • Disallowance - ALS075

  2. Foreign cases

    • Awards - ALS023 and REF121 (If RRB, ALS023 and REF140)

    • Disallowances - ALS023, APP007, and REF121

2. MADCAP notices

  1. Awards - Domestic and Foreign - ALS023

  2. Postentitlement - ALS120

D. Description of hearing paragraphs

1. Manual notices - awards

  1. Domestic - ALS185

  2. Foreign - ALS193

2. MADCAP notices

  1. Awards

    • Domestic - ALS046

    • Foreign - ALS193

  2. Postentitlement

    • Domestic - RCN021

    • Foreign - ALS186

3. Affirmation of initial determination

Use exhibit letter E3474 as a cover letter in an affirmation of initial determination. This is attached to the detailed reconsideration determination on Form SSA-662.

4. Enclosure

The enclosure will be “Your Right to an Administrative Law Judge Hearing and Appeals Council Review of Your Social Security Case” - SSA 70-10281.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900601150
NL 00601.150 - Reconsideration and Hearing Information - 05/22/2015
Batch run: 05/22/2015
Rev:05/22/2015