I-2-2-97.Sample Language Which May be Appropriate in the Notice of Hearing – Disability Entitlement Issues – Adult Cases

Last Update: 8/15/05 (Transmittal I-2-61)

A. Concurrent Case (Period of Disability, Disability Insurance Benefits, and Supplemental Security Income)

The hearing concerns your application of [date], for a period of disability and Disability Insurance Benefits under sections 216(i) and 223(a) of the Social Security Act (Act). The hearing also concerns your application of [date], for Supplemental Security Income (SSI) based on disability under section 1614(a)(3) of the Act.

I will decide if you have enough earnings under Social Security to be insured for a period of disability and Disability Insurance Benefits. If you do, I must decide if you became disabled while you were insured.

Under the Act, I may find you disabled for purposes of establishing entitlement to a period of disability or Disability Insurance Benefits and for SSI only if you have a physical or mental impairment that:

  • has prevented you from doing any substantial gainful work; and

  • has lasted 12 months in a row or can be expected to last for that time or result in death.

To decide if you are disabled, I will follow a step-by-step process until I can make a decision. The issues in this process concern:

  • any work you have done since you became disabled;

  • the severity of your impairment(s); and

  • your ability to do the kind of work you did in the past and, considering your age, education and work experience, any other work that exists in the national economy.

Our regulations explain the rules for deciding if you are disabled and, if so, when you became disabled. These rules appear in the Code of Federal Regulations, Title 20, Chapter III, Part 404, Subpart P and Part 416, Subpart I.

B. Title II Cases—Period of Disability and Disability Insurance Benefits

The hearing concerns your application of [date], for a period of disability and Disability Insurance Benefits under sections 216(i) and 223(a) of the Social Security Act (Act).

I will decide if you have enough earnings under Social Security to be insured for a period of disability and Disability Insurance Benefits. If you do, I must decide if you became disabled while you were insured.

Under the Act, I may find you disabled for purposes of establishing entitlement to a period of disability or Disability Insurance Benefits only if you have a physical or mental impairment that:

  • has prevented you from doing any substantial gainful work; and

  • has lasted 12 months in a row or can be expected to last for that time or result in death.

To decide if you are disabled, I will follow a step-by-step process until I can make a decision. The issues in this process concern:

  • any work you have done since you became disabled;

  • the severity of your impairment(s); and

  • your ability to do the kind of work you did in the past and, considering your age, education and work experience, any other work that exists in the national economy.

Our regulations explain the rules for deciding if you are disabled and, if so, when you became disabled. These rules appear in the Code of Federal Regulations, Title 20, Chapter III, Part 404, Subpart P.

C. Title XVI Case—Adult

The hearing concerns your application of [date], for Supplemental Security Income (SSI) based on disability and whether you may be eligible for SSI as a disabled person under sections 1602 and 1614(a)(3) of the Act.

Under the Act, I may find you disabled for purposes of SSI benefits only if you have a physical or mental impairment that:

  • has prevented you from doing any substantial gainful work; and

  • has lasted 12 months in a row or can be expected to last for that time or result in death.

To decide if you are disabled, I will follow a step-by-step process until I can make a decision. The issues in this process concern:

  • any work you have done since you became disabled;

  • the severity of your impairment(s); and

  • your ability to do the kind of work you did in the past and, considering your age, education and work experience, any other work that exists in the national economy.

Our regulations explain the rules for deciding if you are disabled and, if so, when you became disabled. These rules appear in the Code of Federal Regulations, Title 20, Chapter III, Part 416, Subpart I.

D. Disabled Widow/Widower

The Social Security Act provides benefits for disabled widows or widowers, who are at least 50 years old, payable as early as age 50. To qualify, you must have become disabled before age 60, and not later than 7 years after the insured died, or 7 years after you were last entitled to mother's or father's insurance benefits, or to widow's or widower's benefits based on disability, whichever occurred last.

The hearing concerns your application of [date], for Disabled Widow's [Widower's] Insurance Benefits based upon disability under section 202(e) [202(f)] of the Social Security Act (Act). To decide your claim, I will consider:

  • whether the deceased was fully insured and you qualify as (his widow)(her widower);

  • whether you have a disability as defined in the Act; and

  • whether your disability, if any, began on or before the date required for you to qualify for Disabled Widow(er)'s Insurance Benefits based upon disability, .

Under the Act, I may find you disabled only if you have a physical or mental impairment that:

  • has prevented you from doing any substantial gainful work; and

  • has lasted 12 months in a row or can be expected to last for that time or result in death.

To decide if you are disabled, I will follow a step-by-step process until I can make a decision. The issues in this process concern:

  • any work you have done since you became disabled;

  • the severity of your impairment(s); and

  • your ability to do the kind of work you did in the past and, considering your age, education and work experience, any other work that exists in the national economy.

Our regulations explain the rules for deciding if you are disabled and, if so, when you became disabled. These rules appear in the Code of Federal Regulations, Title 20, Chapter III, Part 404, Subpart P.

E. Disabled Surviving Divorced Spouse

The Social Security Act provides benefits for disabled surviving divorced spouses, who are at least 50 years old. To qualify, you must have become disabled before age 60, and not later than 7 years after the insured died, or 7 years after you were last entitled to parent's insurance benefits, or to widow's or widower's benefits based on disability, whichever occurred last.

The hearing concerns your application of [date], for Disabled Widow's [Widower's] Insurance Benefits based upon disability under section 202(e) [202(f)] of the Social Security Act (Act). To decide your claim, I will consider:

  • whether the deceased was fully insured and you qualify as (his surviving divorced wife)(her surviving divorced husband);

  • whether you have a disability as defined in the Act; and

  • whether your disability, if any, began on or before the date required for you to qualify for Disabled Widow(er)'s Insurance Benefits based upon disability.

Under the Act, I may find you disabled only if you have a physical or mental impairment that:

  • has prevented you from doing any substantial gainful work; and

  • has lasted 12 months in a row or can be expected to last for that time or result in death.

To decide if you are disabled, I will follow a step-by-step process until I can make a decision. The issues in this process concern:

  • any work you have done since you became disabled;

  • the severity of your impairment(s); and

  • your ability to do the kind of work you did in the past and, considering your age, education and work experience, any other work that exists in the national economy.

Our regulations explain the rules for deciding if you are disabled and, if so, when you became disabled. These rules appear in the Code of Federal Regulations, Title 20, Chapter III, Part 404, Subpart P.