POMS Reference

DI 40515: Due Process/Statutory Benefit Continuation

TN 14 (02-10)

A. Field Office (FO) responsibilities in due process

The FO must provide due process notification in work and earnings cessations and in adverse reopenings involving work issues; see DI 13010.185 DI 13010.197.

B. Disability Determination Services (DDS) responsibilities in due process

The DDS must provide due process notification in medical cessation determinations per DI 28080.000 and in adverse reopening cases per DI 27525.000, not involving work issues.

C. Processing Center (PC) responsibilities in due process

  • Reviewers in ODIO-PSC/DPB and the Office of Quality Performance (OQP) must ensure that the DDS/FO follows appropriate guidelines for affording due process and that the file or record is properly documented.

  • Reviewers must afford due process before benefits are stopped and must properly document the file or record in those cases that are ceased or reversed to denial in ODIO-PSC/DPB or the OQP.