When processing an adverse reopening determination on a common issue concurrent title
II and title XVI claim, the due process requirements for title XVI also apply to the
title II determination. A statutory hearing is the initial appeal step for both determinations.
If the recipient’s request for appeal and SSA’s payment continuance is within 10 days
of receipt of the due process notice, we will continue payments until the DDS issues
an appeals decision. Alternatively, the recipient may waive payment continuance.
NOTE: In “common issue” claims, it is not necessary for the onset or ending dates in the
two determinations to coincide. See DI 12045.005 Claims Under Different Titles – Common Issue – General.