If the beneficiary or his or her representative alleges that we did not give due process,
or we gave it improperly, review the case. If review of the case confirms the allegation,
the FO should reinstate benefits from the date of the original suspension or termination
action. The beneficiary remains in payment status pending the final determination
made on his or her claim, in accordance with the due process procedures in DI 27525.000.
Process the case as if we gave no due process and provide remedial due process as
in DI 27525.020B in this section if:
-
•
due process documentation is not in the official claims folder; or
-
•
the case contains a copy of the due process notice we sent, but the case also reflects
a bona fide reason for the beneficiary not receiving the notice (e.g., change of address,
recent hospitalization).
NOTE: Failure to reinstate benefits could result in a court action to redress a denial
of the beneficiary's rights. The Disability Determination Services (DDS) may also
receive cases from SSA central office for corrective action under this section.