POMS Reference

DI 33010: Procedure for Processing Before the Disability Hearing

BASIC (03-01)

A. Policy

1. Who receives Spanish notices

Individuals who meet one or more of the following criteria receive Spanish notices:

  • persons born in Puerto Rico or a country where Spanish is the predominant language;

  • persons with Spanish surnames;

  • persons living in a Spanish speaking area;

  • persons whose FO interview was conducted in Spanish or with the assistance of an interpreter;

  • persons appearing to have difficulty with English, but appearing to be familiar with Spanish;

  • persons requesting Spanish notices; and

  • persons for whom there is another indication that Spanish notices could be useful and who agree when asked by the FO if they would like to receive Spanish communications.

NOTE: These individuals will generally be identified at the FO. The claims folder and the Social Security Administration Data Acquisition and Response System (SSADARS)printout should reflect the need for Spanish language notices.

2. Who does not receive Spanish notices

A person who falls within one of the criteria in 1 above will not receive a Spanish notice if:

  • the person signs an SSA-381-SP waiving the right to receive translated notices; and

  • the FO documents the claims folder to show that the person does not need translated notices, e.g., English-speaking and English-educated individual with a Spanish surname.

NOTE: Spanish notices are not required in foreign claim cases.

B. Procedure

1. DHU discovers need for Spanish notices

When the DHU discovers the need for Spanish notices:

  • annotate the DHU folder,

  • update the scheduling information to ensure that appropriate notices are sent, and

  • notify the FO and DDS that Spanish notices are needed.

2. When individual is to receive Spanish notices

Send:

  • scheduling notices printed in both English and Spanish, and

  • a decision and decision notice in English and a decision notice written in Spanish which explains the importance of the attached decision and the claimant's appeal rights. (When a fully favorable determination is made, the decision notice will be in English only.)

3. Completing Spanish notices

Write the claimant's name, address and Social Security number in English on the English and Spanish versions of the notice.

Write the date in Spanish on the Spanish version of the notice (i.e., (day) de (month de 19 ).)

The Spanish translation for each month is:

January (enero)

February (febrero)

March (marzo)

April (abril)

May (mayo)

June (junio)

July (julio)

August (agosto)

September (septiembre)

October (octubre)

November (noviembre)

December (diciembre)

Staple the Spanish notice on top of the English version.

4. Routing notice

  1. Send English and Spanish scheduling notices or decision notices in English and Spanish to the claimant, and representative, if any.

  2. Place copies of the notice described in a. above in the claims folder and the DHU folder.

  3. Send the DDS copies of English notices.