Retention Date: Indefinite
|Intended Audience:||All ODAR Hearing Level Personnel|
|Originating Office:||ODAR Office of the Chief Administrative Law Judge|
|Title:||Modifications to the Notice of Hearing for Supplemental Security Income (SSI) Children’s Continuing Disability Reviews (CDRs)|
|Type:||Chief Judge Bulletins|
|Program:||Title XVI (SSI); Disability|
|Link To Reference:||Social Security Ruling 05-03p; 20 C.F.R. §§ 416.924, 416.925, 416.926, 416.926a, and 416.994a|
We are issuing this CJB to provide instructions on inserting required regulatory language in the Notice of Hearing in SSI child CDR cases. The current Notice of Hearing in the sections titled “Issues I Will Consider” and “More About the Issues,” does not provide the language required by 20 CFR 416.994a(b). The appropriate language is provided below, along with instructions for inserting into the Notice of Hearing. We will rescind this CJB when this language is added to the Document Generation System (DGS).
Modifying the NOTICE OF HEARING Template
(The employee generating the Notice of Hearing for a Title XVI Continuing Disability Review must take the following steps.)
In DGS, under “Notices,” select the template titled “HO 09 HO 10 HO 11Notice of Hearing - General or Disability.” Under the tab “Type of Notice of Hearing & Other Issues,” select “SSI Child’s Case.” After generating the document, delete the text under the heading “Issues I Will Consider,” and insert the language below:
I will decide whether you continue to be disabled. To decide this issue, I will apply the standards stated in sections 1614(a) (3)(C), (a)(4)(B), and (c) of the Social Security Act. I will consider:
· Whether there has been any medical improvement in the impairment(s) that was present at the time of your most recent favorable determination or decision; and
· Whether your impairment(s) still meets, medically equals, or functionally equals the requirements of a listed impairment in Appendix 1 of Subpart P of our regulations; and
· Whether you are currently disabled, considering all current impairments.
If the Administrative Law Judge determines that the child should be present for the hearing, include the following two sentences under this same section of the notice:
In addition, I will also determine whether an exception to medical improvement applies.
Finally, the user should delete the heading “More About the Issues” and the text under that heading.
The child should be present at this hearing so I can consider the case fully.
Please bring someone to care for your child, since your child may not need to be present for the entire hearing.
Direct all program–related and technical questions to your Regional Office (RO) support staff. RO support staff may refer questions or unresolved issues to the appropriate Headquarters’ contact.
CJB 15-01 - Modifications to the Notice of Hearing for Supplemental Security Income (SSI) Children’s Continuing Disability Reviews (CDRs) - 04/03/2015