Effective Dates: 06/12/2023 - Present Previous | Next

TN 4 (06-23)

DI 29005.025 Individual Dies before a Determination is made on a Request for Reconsideration Continuing Disability Review (CDR)

 

A. An individual dies before the reconsideration CDR determination

1. The disability determination services’ (DDS) actions

  • •

    When an individual dies while the case is with the pre-hearing reviewer, the DDS does the following actions:

    • •

      notifies the FO for development of a qualified substitute party.

    • •

      may place the case on hold pending the FO resolution of a substitute party.

Upon completion of the development, the FO sends a SSA-770-U4 (Notice Regarding Substitution of Party Upon Death of Claimant Reconsideration of Disability Cessation) for association with the case folder.

  • •

    For more information on FO procedures regarding the death of an individual, see DI 12026.025E.

2. A substitute party is located

The hearing process proceeds with a substitute party based on the information provided on the SSA-770-U4.

a. The substitute party wishes to continue with the hearing

When the substitute party wishes to continue with the hearing, the DDS and the pre-hearing (PH) process proceeds based on the information contained on the SSA-770-U4. The DDS notifies the substitute party that a hearing may not be necessary pending a favorable determination based on available evidence.

b. The substitute party wishes to withdraw the request for reconsideration

When the SSA-770-U4 indicates the substitute party wishes to withdraw the request for reconsideration, the DDS does the following:

  • •

    Notify the substitute party that a hearing may not be necessary pending a favorable determination based on available evidence.

  • •

    Process the determination if a favorable determination is warranted or

  • •

    Return the case to the FO for approval of the withdrawal. The FO will send a letter of approval to the substitute party notifying them.

3. A substitute party is not located

When a substitute party is not located, the FO notifies the DDS and the disability hearing unit (DHU) by completing a SSA-5002 (Report of Contact) documenting that the substitute party could not be located and includes the name and address of any known next of kin of the individual.

The PH reviewer proceeds with the PH case processing. If a continuance determination is warranted, the PH reviewer will:

  • •

    complete the form(s), SSA-832 or SSA-833 (Cessation or Continuance of Disability or Blindness Determination and Transmittal). For additional information on completing the forms, SSA-832 and SSA-833, see DI 28084.000

  • •

    send a notice of the reconsidered determination to the name and address of the ‘Next of Kin of [name of deceased]’.

If a fully favorable determination is not warranted, the PH reviewer will send the case to the DHU. For information on DHU handling of deceased individuals, see DI 33010.060.

B. References

  • •

    DI 12026.025 Processing the Request for Reconsideration–Disability Hearing

  • •

    DI 12095.065 SSA-770-U4 (Notice Regarding Substitution of Party Upon Death of Claimant - Reconsideration of Disability Cessation)

  • •

    DI 28084.000 Completion of Continuing Disability Review Determination Forms (SSA-832 and SSA-833)

  • •

    DI 81020.125 Electronic Case Routing Before Final Determination

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0429005025
DI 29005.025 - Individual Dies before a Determination is made on a Request for Reconsideration Continuing Disability Review (CDR) - 06/12/2023
Batch run: 06/12/2023
Rev:06/12/2023