A DHO or SHO is precluded from conducting a hearing or issuing a hearing determination if:

1. a. 

   The DHO or SHO had involvement in the determination under appeal, i.e. the initial continuing disability review (CDR) cessation or adverse reopening, or the pre-hearing (PH) affirmation of the initial CDR cessation, or

2. b. 

   The DHO's or SHO's familiarity with a particular beneficiary (or recipient), beneficiary's (or recipient's) family, or beneficiary's (or recipient's) representative or witnesses is such that a reasonably objective observer would perceive a substantial likelihood that the DHO or SHO cannot make an impartial determination.

The SHO must make the decision whether to disqualify a DHO from a case.

Only the disability determination Services (DDS) administrator, the regional officer (RO), or the office of disability determination(ODD) may disqualify an SHO from a case.

1. a. 

   Immediately bring to the attention of the SHO any case from which you believe you should be disqualified.

2. b. 

   If any travel cases present potential disqualification issues, consult the SHO about those issues well in advance of your scheduled travel so that appropriate action can be taken before you travel.

1. a. 

   Note and deny a beneficiary's (or recipient's) request for disqualification if it is made at the hearing and you see no valid reason for disqualification.

2. b. 

   Immediately attempt to consult with the SHO, if necessary by telephone, to determine how to proceed if there is some reasonable basis for granting the request even if it is not clear that the request should be granted.

3. c. 

   Recess the hearing, if necessary, until it is determined how to proceed.

1. a. 

   The SHO or DHO prepares a brief memorandum for the claims folder that summarizes any consultation between the DHO and the SHO on the question of whether the DHO should be disqualified.

2. b. 

   The SHO notes in the claims folder any situation where the SHO disqualified the DHO from the case.