TN 1 (12-17)

A. Reconsideration determination issued by the Disability Determination Services (DDS) or proper developing component

1. The DDS or proper developing component needs to reopen a reconsideration

The DDS will only reopen CDR reconsiderations if the determination is fully favorable. A disability hearing officer (DHO) makes all other types of CDR determinations. For more information about component responsibilities, see DI 29001.010.

If the rules of administrative finality allow a reopening when a determination is not fully favorable, the DDS or proper developing component will complete the following:

If a certified electronic folder (CEF):

1. Prepare and add an SSA-887 (Summary of Evidence) to Section E – Disability Related Development (Blue),

2. Add, “Folder forwarded for review and possible reopening” under the “Alerts & Messages” tab, and

3. Forward CEF to Disability Hearings Unit (DHU).

If a Modular Disability Folder (MDF):

1. Prepare an SSA-887 (Summary of Evidence) to return the case to the PC,

2. Annotate the SSA-408 (Route Slip) with “Folder Forwarded for Review and Possible Reopening.”, and

3. Transmit the paper case to the DHU.

Upon receipt of the folder, a DHO or supervisory hearing officer (SHO) will review the case. If a reopening is appropriate, the DHU will afford due process and offer the individual a disability hearing before taking any action to reopen.

2. Processing center (PC) requests the DDS reopen its reconsideration determination

a. If the DDS disagrees with reopening the determination

If a PC requests the DDS reopen its reconsideration determination and the DDS disagrees, the DDS will take the following actions:

If CEF:

1. Add, “Folder forwarded for review and possible reopening” under the “Alerts & Messages” tab,

2. Prepare a SSA-5002 (Report of Contact) to explain why the DDS will not reopen the reconsideration determination. Add SSA-5002 to Blue section, and

3. Forward CEF to DHU.

If MDF:

1. Prepare a SSA-408 returning the case to the PC. Annotate the SSA-408 to show why the DDS is forwarding the folder, and

2. Prepare a SSA-5002 to document why the DDS will not reopen the reconsideration determination.

b. If the DDS agrees with reopening the determination

If the DDS agrees to reopen a reconsideration determination under the rules of administrative finality, the DDS will take the following actions:

If CEF:

1. Prepare a Form SSA-5002 (Report of Contact) to explain why the DDS will reopen the reconsideration determination. Add SSA-5002 to Blue section,

2. Add the remark, “Folder forwarded for review and possible reopening.” under the “Alerts & Messages” tab, and

3. Forward the CEF to the DHU.

If MDF:

1. Realign the folder,

2. Prepare a SSA-5002 (Report of Contact) (to explain why the DDS will reopen the reconsideration determination,

3. Annotate the SSA-408 to show why the DDS is forwarding the folder, and

4. Transmit the folder to the DHU.

When the DDS forwards the case to the DHU, the DDS does not need to prepare a Summary of Evidence (SSA-887).

B. Reconsideration decision issued by a disability hearing officer (DHO)

Only a DHO, an administrative law judge (ALJ), or a member of the Appeals Council (AC) can reopen a reconsideration decision issued by a DHO.

Therefore, refer any reopening issues on a DHO's decision to the DHU. If the Office of Hearing Operations (OHO) issued the reconsideration decision, refer the reopening issue to OHO.