WU may be a Group II exception and considered a reason to find disability has ended without determining the ability to engage in substantial gainful activity (SGA) for adults or whether the impairment still causes marked and severe functional limitations for children.
When an individual timely requests reconsideration of an initial or revised medical cessation determination, he or she has the right to appear at a disability hearing unless he or she waives the right to appear. (CFR 404.914 and CFR 416.1414).
When a WU issue arises, do not return the claim to the field office (FO). The DHU must complete the actions outlined below and make a determination based on the evidence in the file.
Attempt to locate the beneficiary (or recipient) expeditiously upon receipt of returned mail.
NOTE: Do not propose a cessation if the disability hearing officer (DHO) is able to make a favorable determination with the evidence in the file.