I-2-2-98.Sample Language Which May be Appropriate in the Notice of Hearing – Cessation Cases – Adult Cases

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

A. Concurrent Case

I will decide if you continue to qualify for a period of disability and Disability Insurance Benefits under sections 216(i) and 223(a) of the Social Security Act (Act). I will also decide if you continue to be qualified for Supplemental Security Income benefits under section 1602 of the Act. To decide those issues, I will apply the standard stated in sections 223(f) and 1614(a)(4) of the Act, and consider:

  • whether there has been any medical improvement in your impairment(s) since we last found you disabled and, if so, whether the improvement is related to your ability to work; and

  • whether one of the exceptions to medical improvement stated in the Act and our regulations applies.

If no medical improvement related to your ability to work has occurred and no exception applies, I will find that your disability continues. If there has been medical improvement related to your ability to work, or if one of certain exceptions in the Act and our regulations applies, I will consider whether you have become able to do substantial gainful work. I will decide your case on this issue unless I find that you obtained a prior decision by fraud, you failed without good cause to cooperate in a continuing disability review, you cannot be found, or you failed without good cause to follow prescribed medical treatment that would be expected to restore your ability to work.

Our regulations explain the rules for deciding if your disability has ended 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 Case

I will decide if you continue to qualify for a period of disability and Disability Insurance Benefits under sections 216(i) and 223(a) of the Social Security Act (Act). I will apply the standard stated in section 223(f) of the Act, and consider:

  • whether there has been any medical improvement in your impairment(s) since we last found you disabled and, if so, whether the improvement relates to your ability to work; and

  • whether one of the exceptions to medical improvement stated in the Act and our regulations applies.

If no medical improvement related to your ability to work has occurred and no exception applies, I will find that your disability continues. If there has been medical improvement related to your ability to work, or if one of certain exceptions in the Act and our regulations applies, I will consider whether you have become able to do substantial gainful work. I will decide your case on this issue unless I find that you obtained a prior decision by fraud, you failed without good cause to cooperate in a continuing disability review, you cannot be found, or you failed without good cause to follow prescribed medical treatment that should permit you to work.

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

I will decide if you continue to be disabled under section 1614(a)(3) of the Act. To decide those issues, I will apply the standard stated in section 1614(a)(4) of the Act, and consider:

  • whether there has been any medical improvement in your impairment(s) since we last found you disabled and, if so, whether the improvement relates to your ability to work; and

  • whether one of the exceptions to medical improvement stated in the Act and our regulations applies.

If no medical improvement relating to your ability to work has occurred and no exceptions apply, I will find that your disability continues. If I do not rule for you on that basis, I will consider whether you have become able to do substantial gainful work. I will decide your case on this issue unless I find that you obtained a prior decision by fraud, you failed without good cause to cooperate in a continuing disability review, you cannot be found, or you failed without good cause to follow prescribed medical treatment that should permit you to work.

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.