For information on due process for adverse reopening, see DI 27525.001.
In a fully favorable revision, we do not require advance due process since we are
not depriving the individual of any property interest.
In a partially favorable revision that is more favorable than the prior DHO decision,
we do not require advance due process since the present decision is more favorable
to the individual’s interest see DI 28501.005A.
Send a pre-decision notice to the individual explaining the evidence and the reasoning
for the proposed adverse reopening.
The notice must include the right to submit additional evidence or arguments. Also,
it must include the right to request a disability hearing before we make a formal
b. Pre-decision notice content
Send a notice containing the following elements to the individual and his or her representative
prior to taking an adverse action:
Indicate that we are planning to reopen our previous decision. Also, indicate the
reason for doing so (e.g., we received new evidence; we made an error).
The date of the proposed cessation.
A list and dates of all medical reports we used to make the preliminary judgment to
revise. If we undertook development but did not receive all reports, we will provide
a disclaimer statement that:
We attempted to obtain the reports but were unable to do so, and
We must make the decision based on the available evidence.
An explanation of why the evidence indicates that the individual is not disabled or
blind. This information is similar to the information in a personalized decision notice
An explanation that the individual may request a disability hearing and present any
evidence or arguments in support of his or her belief that he or she is disabled.
The individual must request this action within 10 days from receipt of the notice.
The individual must complete the Form SSA-765 (Response to Notice of Revised Decision), and return it to the Disability Hearing
Unit (DHU). Attach an SSA-765 to the notice so the individual can respond. We will
make a formal decision if the individual fails to respond within 10 days.
An explanation of the effect of a formal adverse decision (i.e., benefits continue
for two months after the cessation date).
An explanation of the right to have a disability hearing, including the right to representation,
to bring witnesses and evidence. We will send notification of the date, place, and
time of the hearing by mail.
For additional instructions related to the due process notice, see DI 33020.025C in this section.
Send all auxiliaries an advance notice of a proposed adverse action.
For model notice language, see DI 27525.005