DI 33020.015:
Death After Cessation Decision by Disability Hearing Unit
Effective Dates: 02/22/2013 - Present- Effective Dates: 12/18/2017 - Present
TN 4 (02-90)- TN 5 (12-17)
DI 33020.015 Death After Cessation Determination by Disability Hearing Unit- DI 33020.015 Death After Cessation Decision by Disability Hearing Unit
A. Policy- A. Policy for death after cessation
1. General- 1. General procedures for re-review
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.- When an individual dies within one year of cessation of disability, the disability hearing unit (DHU) will review its decision provided survivors would benefit by a favorable reopening of the prior cessation decision.
- Any possible reopening is subject to the rules of reopening (see DI 33020.025).
- 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.- The disability hearing officer (DHO) assumes jurisdiction over any possible reopening and future disability decision. However, if an administrative law judge (ALJ) made a subsequent medical cessation decision on the case, the Office of Hearing Operations (OHO) decides whether to reopen its decision.
B. Procedure- B. Procedure for consideration to reopen
Review any evidence received at the time of the notification of the claimant's death.- Review any evidence received at the time of the notification of the individual’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.- If the DHU does not have a copy of the death certificate, have the FO secure a copy of it, prior to requesting DDS development.
Follow DI 23510.010 for additional actions to be considered as well as additional information in this area.- For additional information and consideration of DDS actions when DDS receives notice of death, follow DI 23510.010.
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