TN 11 (09-87)
The Rivera court decision requires the Social Security Administration to provide an initial
determination to the number holder (NH) within 3 years of the filing of the Form SSA-7008
(Request for Correction of Earnings Record) or similar signed statement.
An initial determination is necessary for all disagreement, discrepancy, scrambled
wage or IRS cases.
The timeframe for the 3-year period does not begin until SSA receives notice from
an individual of possible error in his/her earnings record or SSA notifies an individual
that it is reviewing on its own motion his/her earnings record for accuracy.
Use the following processing guidelines in applying time limits for initial determinations:
In all cases where the NH has notified SSA of a problem with his/her earnings, whether
by an SSA-7008 or similar signed statement, an initial determination must be made
within 3 years of the receipt date by SSA.
In those cases where SSA has been notified by a third party, becomes aware of the
problem internally, or discovers the earnings problem by any means other than the
NH, the 3-year period begins with the date SSA first contacts the individual(s) involved
to advise that we are reviewing the pertinent earnings record for accuracy.
The 3-year period may be extended to 3 years, 3 months and 15 days only if, at the
end of the 3-year mark, SSA is awaiting a response to a specific request for additional
evidence. However, an initial determination must be made within 3 years, 3 months, 15 days of receipt or notification discussed in
D.1. and D.2. above.
NOTE: SSA's policy goal is to strive to complete ED development and make an initial determination
in all cases within 6 months' time.