BASIC (05-00)

The law requires that when a totally or partially unfavorable title II or title XVI disability determination is made, the determination notice must contain a statement of the case written in understandable language discussing the evidence and stating the determination and the reason(s) for it. This applies to totally or partially unfavorable title II or title XVI disability determinations prepared on or after July 1, 1981.

The notice should be brief, informal and not technical. Where a written personalized disability explanation has been provided explaining why the individual will no longer be entitled to disability benefits (e.g., disability cessations, adverse reopenings.), it will not be necessary to repeat the information in the determination notice. Personalized notices should be brief and understandable to all claimants.