TN 7 (08-24)
Inform the disability determination services (DDS) of the claimant's death if they have the claims folder.
Call the FO immediately to report the claimant's death,
If the claims folder is in DHU, review for leads to a substitute party and advise the FO accordingly,
Flag the claims folder to show that the hearing decision is pending receipt of an SSA-770 Notice Regarding Substitution of Party Upon Death of Claimant Reconsideration of Disability Cessation,
Consider postponing the hearing. See DI 12026.025E.6.a.
Proceed based on information contained on the SSA-770 Notice Regarding Substitution of Party Upon Death of Claimant Reconsideration of Disability Cessation.
Notify the substitute party about the possibility that the disability hearing officer (DHO) could issue a fully favorable determination without conducting a hearing based on available evidence.
Notify the substitute party about the possibility that the DHO could issue a fully favorable determination without conducting a hearing based on available evidence.
Process the determination if a favorable determination is warranted.
If no purpose would be served in processing the reconsideration,
Return the claims folder to the FO,
Update the case control system, and
Cancel the hearing process upon receipt of a copy of the notice the FO sends to the party advising that the withdrawal has been approved.
When a substitute party is not located:
Resume case processing based on the FO's report of contact showing a substitute party cannot be located,
Handle as a waiver of appearance case, and
Send the notice of reconsidered determination to claimant's next of kin, when known or
If unknown, send to “Next of Kin of (name of deceased) ”, and direct to decedent's last known address.
DI 12026.025 Field Office (FO) Processing Guidelines in Requesting a Reconsideration for a Medical Continuing Disability Review (CDR) Determination
DI 12026.027 Completion of the SSA-770-U4 Notice Regarding Substitution of Party Upon Death of Claimant Reconsideration of Disability Cessation
DI 29005.025 Individual Dies before a Determination is made on a Request for Reconsideration Continuing Disability Review (CDR)