TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF REHABILITATION SERVICES
SUBCHAPTER g: BUREAU OF DISABILITY DETERMINATION SERVICES
PART 855 CLAIMANT NOTIFICATION
SECTION 855.20 NOTICE PREPARATION
Section 855.20 Notice Preparation
a) A personalized notice to a claimant will be prepared when a totally unfavorable disability decision (a denial or cessation of disability benefits) is made according to Section 205(b), title II section 1631(c)(1), title XVI of the Social Security Act.
b) A personalized notice to a claimant will be prepared when a partially unfavorable disability decision is made under section 205(b), title II section 1631(c)(1), title XVI of the Social Security Act if the onset date stated by the Bureau differs from the onset date stated by the claimant and adversely affects payment of benefits.
c) A notice to the claimant will be prepared on fully favorable title II and title XVI continuing disability review decisions (continuation of disability benefits).
d) Spanish language notices will be handled as follows:
1) A Spanish language notice will be provided to claimants who request Spanish notices. If a claimant does not request a Spanish notice but meets one of the following criteria, then the claimant will be contacted by staff from the Social Security Administration district office to determine if the claimant wants Spanish language notices. The criteria are:
A) The application shows the individual was born in Puerto Rico or a country where Spanish is the primary language.
B) The individual has a Spanish surname.
C) The individual lives in a known Spanish-speaking area.
D) The interview is conducted in Spanish or with the assistance of a translator.
E) The individual has difficulty with English during the interview but shows familiarity with Spanish.
2) In the event one or more of the criteria are met and the claimant does not wish to receive Spanish language notices, the claimant will be requested to sign a waiver form SSA-381-SP. The claimant will be informed that the decision regarding Spanish notices can be changed at any time by contacting the local Social Security Administrative district office.
e) Spanish language notices consist of a standardized Spanish text and a personalized English explanation of the decision. In cases where the Social Security Administration does not provide standardized Spanish text, the Spanish language notice will consist of English standardized text and a personalized English explanation with Spanish language appeal rights.
f) A Braille notice of the determination decision will be provided to claimants whenever they request one. Braille notices are prepared by the Social Security Administration.