TN 5 (03-22)

DI 28080.020 Provide a Predetermination Notice to Auxiliaries for Title II and Concurrent Title II/Title XVI Continuing Disability Review (CDR) Cases

Disability Determination Services (DDS) has jurisdiction for providing advance notice to auxiliaries at the time of the CDR. The processing center (PC) has jurisdiction for subsequent or unprocessed auxiliary claims. For instructions, see DI 13005.065.

A. Guidelines for Predetermination Notices to Auxiliaries

Before taking action, the adjudicator will provide auxiliaries advance notice of any proposed adverse action. Contact with the wage earner provides advance notice for all auxiliaries (i.e., family members entitled on the individual's social security number) who are living with him or her; therefore, SSA does not require a separate notice for auxiliaries who are living with the individual. If an auxiliary(ies) is not living with the individual, the adjudicator will take the steps below.

  • Send a predetermination notice to the auxiliary(ies) whether the wage earner is a Title II only or a concurrent Title II/Title XVI individual.

  • Prepare a predetermination notice to the auxiliary(ies) on Disability Determination Services (DDS) letterhead, or the appropriate Social Security Administration blank letterhead.

  • Provide due process to the auxiliary(ies), even if he or she is in suspense. Delete the information about “receipt of benefits” and “benefits being paid” if the auxiliary(ies) is not in pay status.

  • Prepare and release auxiliary(ies) notices at the same time you send a predetermination notice to the wage earner. Obtain the name(s) and address(es) for the auxiliary(ies) from the wage earner's record on the MBR query. Follow the model language in DI 28080.020B.

  • Retain a copy of all auxiliary notices in the official case file.

NOTE: Only one notice is necessary for each auxiliary.

B. Predetermination Example Notice to Auxiliary(ies)

We are writing to you about the benefits you are receiving on the record of (name of wage earner).

We reviewed (name of wage earner's ) record to see if (he or she) is still eligible for Social Security disability benefits. Based on the information we have, we plan to decide that (he or she) is no longer disabled and can do substantial gainful activity starting in (date). We will stop all benefits on that record starting (date).


What You Should Do


Please write to us within 10 days if you have more information that you want us to consider. You can write to us at this address: DDS Name, Street, City and State, Zip Code.


If We Do Not Hear From You


If we do not hear from you within 10 days, we will make our determination about your disability benefits based on the information we have. We will send you another letter when we make our final determination.


Insert contact information including telephone number.


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DI 28080.020 - Provide a Predetermination Notice to Auxiliaries for Title II and Concurrent Title II/Title XVI Continuing Disability Review (CDR) Cases - 03/28/2022
Batch run: 03/28/2022