Effective Dates: 09/16/2020 - Present Previous | Next

TN 2 (09-20)

RM 03849.001 Withdrawals

An individual has the right to ask for withdrawal of their request for earnings record revision any time before the date of a determination.

A. Honor an individual's withdrawal request if it meets the following requirements:

  1. 1. 

    The withdrawal request is in writing,

  2. 2. 

    Is signed by the individual or their authorized representative,

  3. 3. 

    It clearly indicates the allegations being withdrawn, and

  4. 4. 

    It states the reason(s) for the withdrawal.

    NOTE: Do not ask an individual to withdraw their request for revision of their earnings record.

B. If the withdrawal request does not meet the conditions stated above, or is based upon a misinterpretation of any of the Social Security Act provisions:

  1. 1. 

    Return the case to the field office.

  2. 2. 

    Explain why the withdrawal request is not acceptable.

  3. 3. 

    Suggest the additional handling necessary to complete the case.

C. If acceptable evidence (primary or secondary) obtained covers the allegation and either:

  1. 1. 

    The information in file establishes the individual withdrew the allegation because the individual expected a credit of the amount shown on the evidence and the withdrawal relates only to the balance of the allegation, take the following action:

    a. Establish the earnings on the MEF based on the acceptable evidence.

    b. Prepare the necessary closeout letter.

    Or,

  2. 2. 

    It is clear the individual intended to withdraw their entire allegation:

    1. a. 

      Evaluate the evidence.

    2. b. 

      Establish any earnings from the evidence.

    3. c. 

      Prepare a closeout letter unless there is a signed statement in the file indicating the individual understands the effect of the running of the statute of limitations.

      Caution: Where evaluating the evidence and processing an earnings adjustment would result in hardship to the individual (e.g., individual would be discharged if IRS contacted the employer, etc.) have your supervisor telephone Office of Income Security Programs (OISP) before taking any action.

  3. 3. 

    The individual's intention is not clear:

    a. Return the case to the field office.

    b. Find out what allegations the individual intended to withdraw.

    c. Make sure the individual clearly understands the request for withdrawal will not stop running of the statute of limitations.

    Or,

  4. 4. 

    The material in file shows posted amounts should be reduced or removed :

    1. a. 

      Take the necessary steps to make the earnings corrections.

    2. b. 

      Prepare a closeout letter.

D. If an acceptable withdrawal (See A. above) is in file with respect to all discrepancies, no coverage or earnings determination was made during the current investigation, and:

  1. 1. 

    If no discrepant periods are involved, or the withdrawal includes a statement that the individual is aware of the consequences of their action, close the case without a letter.

    Or,

  2. 2. 

    A discrepant period is involved and the withdrawal does not include a statement that the individual has full knowledge of the consequences of their action, prepare a closeout letter (see E.1. below) to inform the individual that the withdrawn request will not stop the running of the statute of limitations.

    NOTE: If a closeout letter is required but total earnings are not given, the reconsideration paragraph is not used.

E. If an acceptable withdrawal is in file, but limited to only a part of the original allegation, or a coverage or earnings determination was made during the current investigation, and:

  1. 1. 

    It is a partial withdrawal, prepare a closeout letter. Include the following:

    1. a. 

      The usual itemization.

    2. b. 

      Acknowledgment of the withdrawal and the statement that further action in connection with the withdrawn allegations is accepted only if a new request for correction is received.

    3. c. 

      Explain the statute of limitations and advise the individual that the withdrawn request will not stop the running of the statute against the period(s) in question.

      NOTE: The reconsideration paragraph is used in partial withdrawal cases if adjustments are made, or total earnings are provided, or earnings listed in the closeout letter are not included in the withdrawal.

  2. 2. 

    A coverage and/or earnings determination is approved, prepare a closeout letter and inform the individual of the determination made.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0103849001
RM 03849.001 - Withdrawals - 09/16/2020
Batch run: 09/16/2020
Rev:09/16/2020