Effective Dates: 09/22/2025 - Present Previous | Next

TN 26 (09-25)

QR 04440.425 Rescinding or Correcting Deficiencies after Rebuttal

A. Review component decision to rescind or correct deficiencies after rebuttal

The decision to rescind or correct a deficiency after rebuttal is based on whether the adjudicating component’s disability determination conformed to the Social Security Act, regulations, rulings, and the POMS as of the date of the determination. When the review component agrees to rescind the deficiency following the adjudicating component’s successful rebuttal action, the review component removes the deficiency from the record.

1. Discovery of a wrong deficiency type in a deficient case

If the review component identifies a wrong deficiency type in a case, e.g., documentation vs decisional or group I vs group II, they correct the cited deficiency to reflect the subsequently identified correct deficiency type. They correct deficiency type is recorded in the Quality Review (QR) case processing system for performance accuracy purposes. There is no rescission of the deficiency. To ensure the correct deficiency type is recorded, the IRR web-based tool will send a system-generated email notification to the QR Reports Branch.

2. Discovery of an additional deficiency type in a deficient case

If the review component rescinds an incorrectly cited deficiency, any subsequently identified policy deficiency is not recorded in the QR case processing system for performance accuracy purposes (i.e., a new deficiency identified by the review component during the rebuttal evaluation and resolution, unrelated to the deficiency described in the original Request for Corrective Action). However, any new policy deficiencies identified by the review component during the rebuttal process must be corrected, if appropriate, or returned to the adjudicating component for correction.

See Details

QR 04440.501 Completion of the Request for Corrective Action

3. Citing more than one deficiency on the Request for Corrective Action

If the review component cites more than one policy deficient issue in the narrative of the Request for Corrective Action and the adjudicating component successfully rebuts only one of the policy issues in the cited deficiency, the case remains deficient and the review component will not rescind the remaining deficiency.

For example, the review component may cite policy issues with both medical documentation and vocational history documentation in the deficiency. However, if the adjudicating component successfully rebuts the medical documentation deficiency, but the vocational history documentation deficiency remains, the review component will not rescind the deficiency because the case remains deficient based on documentation.

B. Adjudicating component rebuttal cases

The adjudicating component may use the following methods to submit deficiency rebuttals:

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    Informal Resolution Request (IRR) (see QR 04440.401); or

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    Request for Program Consultation (RPC) (see DI 30007.125).

C. Review component procedures for processing rebuttal cases

The review component rescinds:

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    a group I deficiency, if the resolution is that no group I deficiency applies;

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    a group II deficiency, if the resolution is that no group II deficiency applies;

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    deficiencies in rebuttals requiring referral for resolution of policy issues only when the Office of Disability Policy (ODP), QR, or other SSA component determines that the policy clarification was indeed necessary before the case could be adjudicated accurately.

The review component corrects, but does not rescind, the cited deficiency for:

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    group I deficiency, if the correct deficiency citation is determined to be a group II deficiency or other technical corrective action; or

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    group I or II deficiency, if the incorrect type was cited (decisional to documentation).

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1304440425
QR 04440.425 - Rescinding or Correcting Deficiencies after Rebuttal - 09/22/2025
Batch run: 09/22/2025
Rev:09/22/2025