Personal contact includes an overview of the CDR process, an explanation of the individual’s
rights and responsibilities, and an explanation of the disability hearing process
to which they are entitled at the reconsideration level. The disability hearing is
a result of the implementation of Section 4 and Section 5 of P.L. 97-455.
Section 4 and Section 5 of P.L. 97-455 provide for an evidentiary disability hearing
(known as a disability hearing) at the reconsideration level for Title II medical
cessation cases. The regulations implementing this statute extend the disability hearing
process to comparable Title XVI and concurrent (Title II and XVI) cases.
Inform the individual that, if they are dissatisfied with the outcome of the CDR,
they have the right to request a reconsideration of the determination. The disability
determination services (DDS) will perform a folder review and develop the reconsideration
as it has in the past. However, due to P.L. 97-455, if the DDS cannot make a fully
favorable determination after its review, the individual will be entitled to a disability
hearing at the DDS before issuing an unfavorable determination. The explanation of
the disability hearing should include a brief overview of the items covered in DI 12026.001 through DI 12026.020.