The Fifth Amendment to the Constitution provides that no person shall be deprived
of property interest without due process of law. Due process is giving the beneficiary
an opportunity to offer rebuttal evidence and respond to the proposed adverse action
before we render a final decision.
Specifically, due process requires that we inform the beneficiary that we may stop
or reduce his or her benefits (or an overpayment may result) if:
He or she is no longer disabled (cessation).
He or she is no longer entitled to disability benefits or payments on the current
application (adverse reopening).
He or she received erroneous payments after a decision of denial.
We change the onset date to a later date.
We change the cessation date to an earlier date.
However, merely advising the beneficiary that his or her benefits may stop or be reduced
because of the disability review does not satisfy due process requirements; we must
also inform the beneficiary of his or her right to respond and provide rebuttal evidence
and allow the beneficiary to provide that response before we make a final adverse
Extend due process to the beneficiary in writing, and store a copy of the notice in
the official claims folder. Resolve any doubts regarding the need to provide due process
in favor of providing it.