In the disability hearing officer’s (DHO) decision notice, advise the individual that
they will be considered for continued benefits under section 301, and that they will
receive a subsequent notice regarding that determination.
Suggested wording:
Before the appeals language,
“You may be eligible for continued payments even though your disability has ended
if you are currently participating in an appropriate program of vocational rehabilitation,
employment, training, educational, or other support services. We are sending your
case to another office for a special decision regarding continued payments based on
the information we have about your participation in such a program. You will be notified
of that decision in another letter.”
After the appeals language,
“If you disagree with this decision, you should appeal now. We will review this decision
if you appeal. Do not wait to see if your vocational rehabilitation program is approved.”
Forward the case, per DI 33020.005A.3.a Routing Cases after the Disability Hearing.
For additional information on DDS processing of Section 301 claims, see DI 14510.010 Disability Determination Services (DDS) Procedures for Cases Involving Participation
in Vocational Rehabilitation (VR) or Similar Program.