TN 4 (09-21)
DI 28080.055 Individual Alleges Improper or No Due Process
If the individual or his or her representative alleges that DDS did not give due process,
or DDS gave it improperly, the adjudicator will review the case. If review of the
case confirms the allegation, the field office (FO) reinstates benefits from the date
of the original suspension or termination action. The individual remains in payment
status pending the continuance or cessation determination on his or her case. For
instructions on reinstating benefits when an individual alleges improper or no due
process is the same for cessations and adverse reopening or revision, see DI 27525.020.
NOTE: Failure to reinstate benefits could result in a court action to redress a denial
of the individual's rights. The Disability Determination Services (DDS) may also receive
cases from the Social Security Administration central office for corrective action
under this section.