TN 1 (03-16)

A. Policy on disability hearings

1. Issue addressed at the disability hearing

The disability hearing addresses only the issue of disability based on medical factors which is under appeal to the reconsideration level of review (or which is the subject of a proposed adverse reopening and revision).

2. When a disability hearing does not apply

The disability hearing does not apply:

• in making an initial determination on a new application (including closed period cases) unless it is forwarded for association with a prior claim which is subject to the disability hearing process;

• in a reconsideration of an initial determination on a new application (including partially favorable determinations, e.g., closed periods and later onsets); or

• to non-medical issues (substantial gainful activity (SGA), overpayment of benefits, amount of income and resources (Title XVI)), or to reconsiderations of continuing disability review (CDR) cessations based on “whereabouts unknown”.

3. Who conducts the disability hearing

Disability hearings are conducted by a:

• State or Federal disability hearing officer (DHO) if a State made the determination under appeal; or

• Federal DHO if a Federal adjudicator made the determination under appeal.

B. References

• DI 12026.020 Field Office (FO) Responsibilities When Claimant Wants to Request a Reconsideration - Disability Hearing

• DI 29005.022 New Application and Request for Reconsideration - Disability Cessation

• DI 33001.001 The Disability Hearing Process - Title II and Title XVI

• DI 33010.001 Receipt and General Review of Claims Folder in the Disability Hearing Unit (DHU)