TN 1 (09-16)

CITATIONS: Social Security Act, Section 205(b) 20 CFR 404.913-404.922, 404.1589-404.1590, 416.1407-416.1422

A. Pre-hearing (PH) role in initial CDR cessations

The Disability Determination Services (DDS) conducts a PH review of initial CDR cessations after an individual files an appeal due to dissatisfaction with the initial CDR determination. An adjudicator, who was not involved in the initial CDR determination under review, completes the PH review.

If a fully favorable reconsideration determination cannot be made at the PH level, the case is forwarded to the disability hearing unit (DHU) for adjudication by a disability hearing officer (DHO). For additional information regarding the reconsideration process, see DI 29001.001.

Cases at the PH level in the reconsideration CDR process require the following:

• a new and independent evaluation of the medical- vocational evidence and the issues under appeal

• the same evidentiary requirements applicable to an initial determination of disability as to whether disability continues, exists, or existed as previously established and

• a development of the evidence since the initial CDR determination.

NOTE: The procedures apply to the State and the Federal disability hearing processes; however, some modifications may be necessary to conform to State business processes. The modifications may not conflict with the Federal regulations governing the reconsideration CDR process.

B. References

• DI 29005.005 Disability Determination Services (DDS) Pre-hearing (PH) Action upon Receipt of Request for Reconsideration Continuing Disability Review (CDR)

• DI 29025.001 Disability Determination Services (DDS) Action When Fully Favorable Reconsidered Determination Is Not Issued