TN 3 (02-97)
NL 00802.050 SSA-L8455-U2 and SSA-L8456-U2, SSI Notices of Reconsideration—Initial Claims
The SSA-L8455-U2 and SSA-L8456-U2 explain allowances and denials of initial determinations to a claimant and/or representative. They are always manual notices because language must be tailored to a claimant's specific allegations and circumstances. You may use stock captions and paragraphs from the instructions for completing the SSA-L8025 (NL 00802.015) and the SSA-L8030 (NL 00802.020) for examples. (See C.2 below for notice suppression information.) The backs of the SSA-L8455-U2 and SSA-L8456-U2 explain the claimant's right to further appeal. The two forms are distinguished by different appeal rights. (See B. and C. below for instructions for using these forms.)
B. When to use
Send an SSA-L8455-U2 or SSA-L8456-U2 to notify a claimant (representative payee, authorized representative and/or legal guardian) of our determination on a request for reconsideration on all nondisability issues.
NOTE: The DDS prepares reconsideration notices involving disability denials. If the DDS makes a fully favorable or partially favorable (for a closed period) decision, the FO must send the SSA-L8455-U2 to the claimant. (See DI 27030.015)
1. Body of Notice
Always include in the body of the notice:
A clear statement of the issue(s) involved (including the claimant's allegations); and
The findings that result from the reconsideration, including specific reasons for determinations.
2. Notice Suppression
Always suppress the system-generated notice and prepare an SSA-L8455-U2 or SSA-L8456-U2 for all nondisability reconsideration issues. System-generated posteligibility notices (i.e., the SSA-L8100 and SSA-L8151) are not acceptable substitutes.
3. Reconsideration Allowance — Fully or Partially Favorable SSA-L8455-U2
Use the SSA-L8455-U2 to include all factors you considered in making the reconsideration determination. Explain in clear and simple language how this factor(s) affects payment and eligibility. Use the instructions for completing the SSA-L8025 in NL 00802.015 as a guide when completing the body of the notice. Include the pamphlet, “When You Get SSI...What You Need to Know,” (Pub No. 05-11011).
4. Reconsideration Denial — SSA-L8456-U2
Use the SSA-L8456-U2 following the same format as the SSA-L8030 (see NL 00802.020). Also, explain the basis for your denial. Include the pamphlet, “Your Right to an Administrative Law Judge Hearing and Appeals Council Review of Your Social Security Case,” (Pub No. 70-10281) with the notice.