Last Update: 9/08/05 (Transmittal I-3-36)
Analysts should give special attention to writing decisions in cases which contain evidence with language potentially detrimental to the claimant's health; e.g., when the claimant has a terminal illness or a mental impairment.
If it appears that disclosure or discussion of the claimant's condition could be detrimental or injurious to a represented claimant's health, the Appeals Council may send a copy of the decision to the representative and not send a copy to the claimant. In this situation, the Council will inform the claimant that it has sent a copy of the decision to the representative. The Council will advise the representative to exercise discretion in deciding whether to show the claimant the decision or, in the alternative, to notify the claimant of the general content of the decision.
When the claimant is unrepresented, the Appeals Council will ensure that the decision does not contain language which could be detrimental to the claimant's health.