TN 13 (06-09)

NL 00705.261 Reopening 13 - Change in Basis – Blind to Disabled – Title II

NOTE: This situation does not provide for statutory benefit continuation. Therefore, a pre-determination notice would have to be sent first. Before sending a final determination and this notice, follow the procedure in DI 27525.005.

4040 modified for blind to disabled

We are writing to you about your Social Security benefits. We recently looked at (1) claim again to see if our decision was correct. We did this because we got more information on (2) case. After carefully reviewing all of the information, we find that (3) not meet our blindness requirements, but (4) meet our disability requirements.

Fill-ins:

(1) your/claimant’s name (possessive)

(2) your/his/her

(3) you do/he does/she does

(4) you do/he does/she does

This is a new paragraph:

Since you do not meet the blindness requirements, if (1) , we will use a lower monthly earnings amount to decide if (2) to be entitled to disability benefits.

Fill-ins:

(1) you work/he works/she works

(2) you continue/he continues/she continues

If the predetermination due process notice included complete and sufficient personalized language and no changes are needed to the personalized explanation (e.g., no new evidence was submitted that needed to be addressed), there is no need to repeat the personalized language in this reopening determination notice. Otherwise, Enter the Personalized Disability Explanation (PDE) language per DI 26530.020 and DI 26530.055, including a list of the evidence, an explanation of what the evidence shows, and the detailed, personalized reasons for the determination. For additional guidance, see Reopening of Prior Determination DI 27536.015. Use paragraph 4041 (NL 00708.100) if merged text is not used.

If concurrent claims are involved, include paragraph 842:

This decision refers only to (1) Social Security Disability Insurance benefits. You will get a separate letter about (2) Supplemental Security Income payments.

Fill-ins:

(1) your/claimant’s name (possessive)

(2) your/his/her

4054

Who Decided (1) Case

Fill-in:

(1) Your/His/Her

If DDS disability determination:

Doctors and other trained staff looked at this case and made this decision. They work for the State but used our rules.

If Federal disability determination:

Our doctors and other trained staff looked at this case and made this decision.

ALS023 – modified to show 789 instead of 561

If You Disagree With The Decision

If you disagree with this decision, you have the right to appeal. We will review __ (1)__ case and consider any new facts you have. A person who did not make the first decision will decide __ (2)__ case. We will review those parts of the decision that you believe are wrong and will look at any new facts you have. We may also review those parts that you believe are correct and may make them unfavorable or less favorable to __(3)__.

  • You have 60 days to ask for an appeal in writing.

  • The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it, unless you show us that you did not get it within the 5-day period.

  • You must have a good reason for waiting more than 60 days to ask for an appeal.

  • You have to ask for an appeal in writing. We will ask you to complete a Form SSA-789-U4, called “Request for Reconsideration – Disability Cessation – Right to Appear.” Contact one of our offices if you want help.

Fill-ins:

(1) your/claimant’s name (possessive)

(2) your/his/her

(3) you/him/her

Please read the enclosed pamphlet, “Your Right to Question the Decision Made on Your Claim.” It contains more information about the appeal.

4067

How An Appeal Works

A Disability Hearing Officer (DHO) will decide your appeal. We will call this person a DHO in the rest of our letter. The DHO will meet with you before making the decision on your appeal. The meeting works like this:

  • The DHO will write you about the time and place for the meeting.

  • You can look at your file before the meeting.

  • You can tell the DHO why you think you are s