I-2-2-93.Sample Language Which May Be Appropriate in the Notice of Hearing - Issues Affecting Other Types of Claims
Last Update: 8/15/05 (Transmittal I-2-61)
A. Statutory blindness issues, Title II
The general issue is whether you are “blind” within the meaning of section 216(i) of the Social Security Act.
The specific issues are whether you are fully insured and whether your central visual acuity is 20/200 or less in your better eye with the use of a correcting lens, or whether your field of vision subtends an angle of no greater than 20 degrees in your better eye and if such condition has lasted or can be expected to last at least 12 months.
B. Age issues
When the age of an individual is in dispute, state the specific issue. For example:
The specific issue to be determined is date of birth.
C. Benefit computation issues
When the computation of the claimant's benefits is in dispute, state the issue as a specific issue. For example:
The specific issue in this case is whether a benefit amount was correctly computed.
D. Deductions, reductions or non-payment of benefits issues
There are various reasons for deductions, reductions, or non-payment of an individual's benefits. Use the example below as a guide when describing the issues.
The specific issue to be decided is whether your benefits were properly (reduced) (stopped) (subject to deductions). This will depend on whether (you failed to report earnings) (you are engaging in substantial gainful activity) (you had excess earnings) (your family's benefit amount exceeded the family maximum) (an offset against your disability benefits is applicable because of your worker's compensation benefits) (your spouse is receiving a government pension) (you were convicted of subversive activities) (you did not have a child in your care) (you rejected vocational rehabilitation services) (you rejected treatment for alcoholism or drug addiction) (the primary beneficiary was deported) (you are an inmate in a public institution).