TN 1 (09-09)

The following types of reopenings and revisions should have had a due process predetermination notice:

• failure to follow prescribed treatment;

• change from an earlier onset to a later onset; or

• fraud or similar fault.

For preparing and releasing the final determination notice, follow the notice procedures in DI 27540.010. The italicized instructions in the notices in NL 00705.201 through NL 00705.266 indicate when and when not to use Statutory Benefit Continuation (SBC) language.

See Also:

• DI 27525.005 - Providing a Due Process Pre-Determination Notice in Cases Involving Onset Change.

• DI 28080.010 - Preparing a Title II Due Process Predetermination Notice.

• DI 27525.001 - Policy – Due Process for Adverse Reopenings (For information on the components responsible for providing due process, see subsection C., first bullet)