TN 4 (02-95)
NL 00803.095 SSA-L8457-U2, SSI Notice of Reconsideration (for Posteligibility)
A. DESCRIPTION OF THE SSA-L8457-U2
The SSA-L8457-U2 explains the determination on a claimant's request for reconsideration of an initial determination. The SSA-L8457-U2 is not an automated notice because you must always tailor it to the claimant's specific allegations and circumstances. The back of the SSA-L8457-U2 explains the claimant's right to further appeal.
B. WHEN TO USE
Issue an SSA-L8457-U2 to notify the claimant of a posteligibility reconsideration determination on a nondisability issue.
NOTE: The DDS handles reconsiderations (sometimes referred to as “disability hearings”) on medical/blindness cessation cases. See DI 33001.001ff.
1. Notice Suppression
Suppress the system-generated notice and prepare an SSA-L8457-U2 for all nondisability reconsideration determinations. System-generated posteligibility notices (e.g., the SSA-L8100 and SSA-L8151) are not acceptable substitutes.
2. Body of Notice
Always include in the body of the notice:
A clear statement of the issue(s) involved (including the claimant's allegations);
The findings that result from the reconsideration;
The time period affected by the reconsideration findings;
The authority for the reconsideration determination (i.e., law and regulations).
All factors you considered in making the reconsideration determination. Explain in clear and simple language how this factor(s) affects payment and eligibility. Explain why any new or additional evidence does or does not change the initial determination. Include the pamphlet, “Your Right to an Administrative Law Judge Hearing and Appeals Council Review of Your Social Security Case,” as an enclosure. The publication number is SSA-70-10281.
Pattern language for the body of the notices after stock captions and paragraphs in NL 00804.100 ff. When existing captions are not suitable you may develop captions that are more appropriate for the notice.
If you are reinstating payments, include the appropriate Medicaid referral paragraph from NL 00804.110.