TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF REHABILITATION SERVICES
SUBCHAPTER g: BUREAU OF DISABILITY DETERMINATION SERVICES
PART 853 DISABILITY HEARINGS AT THE RECONSIDERATION LEVEL
SECTION 853.150 REQUEST FOR WITHDRAWAL OF RECONSIDERATION OF DISABILITY CESSATION


 

Section 853.150  Request for Withdrawal of Reconsideration of Disability Cessation

 

a)         A beneficiary may withdraw the Request for Reconsideration - Disability Cessation (SSA-789-U4) by contacting the local Social Security Administration (SSA) district office or the Disability Hearing Division.

 

b)         A request for withdrawal must be in writing and signed by the beneficiary.  The statement should be in the beneficiary's own words (or, if applicable, in the representative's own words) and should give a detailed account of the reason for the request.  The statement must indicate understanding that a reconsideration is a prerequisite for an administrative law judge hearing and that a request for withdrawal will result in the loss of future appeal rights on the initial cessation determination.

 

c)         Any hearing previously scheduled will be postponed pending disposition of the request for withdrawal.

 

d)         The Disability Hearing Division recognizes that the SSA district office has sole authority to approve the withdrawal.

 

e)         A beneficiary may request cancellation of a withdrawal if such request is filed within 60 days from the date the notice of approval of withdrawal is received or meets the good cause requirements specified in 20 CFR 404.911(b) and 20 CFR 416.1411(b), revised April 1, 1986.  The Disability Hearing Division, however, recognizes that the SSA district office has sole authority to process the beneficiary's request to cancel a withdrawal.

 

f)         When there is evidence that the beneficiary is unable to understand the withdrawal process or has difficulty complying with instructions, the Disability Hearing Division will request assistance for the beneficiary though the SSA district office.

 

(Source:  Amended at 12 Ill. Reg. 11248, effective June 15, 1988)