TN 5 (12-17)

A. Policy for death after cessation

1. General procedures for re-review

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 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 for consideration to reopen

Review any evidence received at the time of the notification of the individual’s death.

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.

For additional information and consideration of DDS actions when DDS receives notice of death, follow DI 23510.010.