Administrative actions that are not initial determinations may be reviewed by us,
but they are not subject to administrative or judicial review. These include, but
are not limited to:
-
•
determinations of presumptive disability or presumptive blindness;
-
•
an emergency advance payment;
-
•
determinations to pay benefits through a representative payee for individuals adjudged
legally incompetent, or for minors; i.e., persons under age 18 and not legally emancipated;
-
•
determinations as to who is selected as a payee, or the denial of an application to
be selected as a payee, are not initial determinations, except with respect to legally
competent adult beneficiaries who are directly affected by the determination, legal
guardians of legally incompetent beneficiaries, and the parent or person standing
in place of the parent for minors;
-
•
a finding that a representative payee misused benefits or payments paid on behalf
of a beneficiary or recipient;
-
•
disqualifying or suspending a person from representing a claimant before SSA;
-
•
denial of a request to use the expedited appeals process;
-
•
denial of a request to reopen a determination or a decision;
-
•
denial of a request to be included as a class member eligible for relief in a court
case.
-
•
the fee that may be charged or received by a person who has represented a claimant
in connection with a proceeding before us;
-
•
denying a request to extend the time period for requesting review of a determination
or a decision;
-
•
determining whether (and the amount of) travel expenses incurred are reimbursable
in connection with proceedings before us;
-
•
denying a request to readjudicate a claim and apply an Acquiescence Ruling;
-
•
denying a request to be included as a class member eligible for relief in a court
case;
-
•
determining whether an organization may collect a fee from an individual for expenses
it incurs in serving as representative payee;
-
•
declining under 20 CFR § 416.351(f) to make a determination on a claim for benefits based on alleged misinformation because
one or more of the conditions specified in § 416.351(f) are not met;
-
•
transition to eligibility for special SSI cash benefits in a month immediately following
a month for which an individual was eligible for regular SSI benefits;
-
•
transition to eligibility for regular SSI benefits in a month immediately following
a month for which you were eligible for special SSI cash benefits;
-
•
a determination to reduce, suspend, or terminate federally administered State supplementary
payments due to a State-initiated mass change; see SI 04020.030B;
-
•
termination of Federal administration of State supplementary payments;
-
•
findings on whether we can collect an overpayment by using the Federal income tax
refund offset procedure;
-
•
method of recovering an overpayment; e.g., by withholding part of a regular monthly
payment, netting against an underpayment, etc.;
-
•
compromise settlement for an overpayment;
-
•
timing and frequency of payment; and
-
•
termination of eligibility after 12 continuous months of suspension.