Section 205(b)(2) of the Social Security Act (as amended by sections 4 and 5 of P. L. 97-455 make available a face-to-face evidentiary hearing (i.e., a disability hearing) at the reconsideration level of appeal for claimants who receive medically based cessation determinations or medically based adverse reopening determinations.

DHU jurisdiction cases are:

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  reconsideration level medical cessations; and,

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  adverse reopenings of favorable initial and reconsideration determinations revised for medical reasons.

NOTE: An established onset date (EOD) after the alleged onset date is adverse to the claimant unless the EOD is set at date first insured.

If the claimant requests a disability hearing, process the case in the following order.

1. 1. 

   Initially, send the case to the adjudicating component to ascertain if a fully favorable determination can be made.

2. 2. 

   Subsequently, send the case to the DHU for a disability hearing when the adjudicating component cannot make a fully favorable determination.

The DHU has jurisdiction of the case if the claimant:

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  elects to receive a disability hearing and has a fully favorable continuing disability review (CDR) reconsideration determination (i.e., continuance); or,

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  a fully favorable reconsideration determination of an adverse reopening contains a group I or group II deficiency and correction of the deficiency results in a cessation or less than fully favorable determination.

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  For an explanation of disability hearing procedures, see DI 29001.000 and DI 33010.000.

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  For an explanation of the adjudicating component’s corrective action procedures in deficient quality review cases that may become DHU jurisdiction cases, see DI 30005.407.