TN 5 (03-22)

DI 28080.050 Due Process Requirements When the Disability Determination Services Receives Additional Evidence or Information

A. Individual Provides Additional Information

The adjudicator will prepare a brief acknowledgement on either Disability Determination Services (DDS) letterhead or the appropriate blank SSA letterhead (use the same as the initial due process pre-determination letter). Include the following language:

“This letter acknowledges receipt of the additional information you sent to us. We will consider the new information along with the other evidence in your case to make a determination as to the date your disability began and if you are still disabled. When we make the final determination, we will notify you in writing.”

NOTE: Do not include any statement about the significance of the information received.

B. Individual Indicates he or she will not Submit Additional Evidence or Statement

The adjudicator will not process the case before the 15 days (10 days, plus 5 days for mailing time) expire unless DDS receives a written statement from the individual stating that he or she will not submit additional evidence. If this situation occurs, the adjudicator will place the statement in the official case folder and complete processing of the cessation immediately.

C. Individual's Response Results in a Change in Date of Cessation or Basis Code

If the individual's response changes the proposed cessation from one non-medical basis to another non-medical basis (e.g., whereabouts unknown to failure to follow prescribed treatment), the adjudicator will send a second pre-determination notice and diary for follow-up, etc. In such a case, the cessation date depends on the new non-medical basis for the cessation.

SSA does not require a second pre-determination notice when changing the cessation date to a date later than the date mentioned in the original pre-determination notice, provided that there is no change in the basis (e.g., blind to disabled).

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428080050
DI 28080.050 - Due Process Requirements When the Disability Determination Services Receives Additional Evidence or Information - 03/28/2022
Batch run: 03/28/2022
Rev:03/28/2022