TN 1 (09-09)

A. Policy for affording disability hearings

The opportunity for a disability hearing is afforded at the reconsideration level of appeal in cases involving:

• favorable initial determinations that were adversely reopened and revised based on medical factors, e.g., adverse reopenings that revised an allowance to a denial, established a later onset date, or changed an open period allowance to a closed period;

• reopenings that change only the basis for the cessation; or

• favorable reconsidered determinations that have been reopened and that we propose to adversely revise based on medical factors.

B. Adverse reopenings based on medical factors

• When an initial determination is reopened and adversely revised based on medical factors, the Disability Determination Services (DDS) sends the claimant a notice containing reconsideration appeal rights that include the right to a disability hearing.

• Before a reconsideration determination is reopened and adversely revised based on medical factors, the disability hearing unit sends a notice to the claimant advising him or her of the proposed revision and his or her right to request a disability hearing before a revised determination is issued.

See Also:

• DI 29001.001 - The Right to a Disability Hearing at the Reconsideration Level

• DI 33001.001C.3. - Availability of Hearings

• DI 33020.025 - Reopenings