EAP is an alternative to the regular administrative appeals process. A beneficiary can elect, with SSA approval, to enter into an agreement following a reconsideration determination which will enable him to go directly to court, provided, at issue is only the law which the beneficiary believes to be unconstitutional. The Expedited Appeals Process for IRMAA will be similar to the process used for Title II claims unless the individual has already filed an HA-501-U5. However, all EAP IRMAA cases will be handled by SEPSC (route to C34). See GN 03107.100.

If an individual requests EAP after filing an HA-501-U5, the EAP determination is the jurisdiction of the Office of Medicare Hearings and Appeals (OMHA). Refer the individual to OMHA. (See HI 01140.020C).