DI 33020.015: Death After Cessation Decision by Disability Hearing Unit
Effective Dates: 02/22/2013 - Present TN 4 (02-90) DI 33020.015 Death After Cessation Determination by Disability Hearing Unit A. Policy 1. General Subject to the rules of reopening, see DI 33020.025, when a claimant dies within one year of cessation of disability benefits, the DHU reviews its decision provided survivors would benefit by a favorable reopening of the prior cessation determination.
- 2. Responsibility for review
The DHO assumes jurisdiction over any possible reopening and future disability determination. However, if an administrative law judge (ALJ) made a subsequent medical cessation decision on the claim, the Office of Disability Adjudication Review (ODAR) decides whether its decision is to be reopened. B. Procedure Review any evidence received at the time of the notification of the claimant's death. Consider having the FO secure a copy of the death certificate, prior to requesting DDS development, if the DHU does not have same. Follow DI 23510.010 for additional actions to be considered as well as additional information in this area.
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