POMS Reference

DI 325: Court Cases

TN 53 (08-95)

A. Policy

The claimant and any representative(s) must be notified of any decision that results in a fully favorable continuance.

B. Procedure

1. Title II

For title II cases:

  1. Enter “ODO/DL-S” in Item 29 of the SSA-833-U3.

  2. Prepare modified SSA-L1013 (Social Security Notice of Continued Disability). Add the following to the bottom of the notice:

    “This determination is based on a review of your claim as ordered by the Court in the case of Dixon v. Shalala. We have completed this review and have determined that you are still disabled.”

  3. Indicate SSA Pub. No. 70-10282 as an enclosure.

2. Title XVI

For title XVI cases:

  1. Indicate “DO/DL-S” as the notice on the SSA-832-U3.

  2. On the attachment (SSA-865), show SSA-L8100-U2 (SSI Notice of Revised Determination) and include:

    • A lead-in paragraph that reads:

      “This determination is based on a review of your claim as ordered by the Court in the case of Dixon v. Shalala. We have completed this review and have determined that you are still disabled.”

    • Numbered or dictated paragraphs (e.g., 1391, 1412,1413) to give the appropriate information contained on the front of the SSA-L1014 (SSI Disability Information).

3. Concurrent cases

For concurrent cases, follow B.1. and B.2. above, as appropriate.