TN 1 (10-20)

RM 03812.002 Informational Requirements

  1. A. 

    General - The NH's assigned SSN, name of employer or Employer Identification Number (EIN), period of alleged disagreement, evidence of earnings for the period of alleged disagreement and a properly signed request are generally required to initiate an investigation of the earnings record.

  2. B. 

    Signature - Consider that a request for investigation of the earnings record is properly signed if the signature requirement is met or one of the following conditions applies:

    1. 1. 

      The individual returned an earnings statement (original or photocopy) furnished by OCO, or

    2. 2. 

      The individual's request was received with an SSA request for correct identifying information, or

    3. 3. 

      An original copy or certified copy of Form W-2 is attached to a request for correction of the earnings record.

  3. C. 

    Evidence - The following types of evidence are acceptable to initiate an earnings record investigation:

    1. 1. 

      A Form W-2 (Withholding Tax Statement) or W-2C (Statement of Corrected Income and Tax amounts).

    2. 2. 

      Any other statement signed by the employer or signed by the custodian of the employer's records.

    3. 3. 

      In cases of alleged self-employment income, a copy of Form 1040, Schedules C, F and SE, and proof that the return was filed within 3 years, 3 months and 15 days of the end of the taxable year at issue.

      The above (1, 2 and 3) are considered primary (preferred) evidence. If the individual provides a reasonable explanation as to why preferred evidence is not available, the types of evidence shown in 4. -7. below may be provided.

    4. 4. 

      Pay envelopes, vouchers, and similar unsigned employer wage statements to the individual, a State agency, or Federal agency.

    5. 5. 

      Award letters or other notices provided the individual by a State Unemployment Compensation Agency based on information provided the Agency other than an employer's records.

    6. 6. 

      Union record of dues and wages paid the individual.

    7. 7. 

      An individual's copy of Federal, State, or Local income tax returns.

    8. 8. 

      The above (4-7) are considered secondary evidence of high probative value. If, however, the individual provides a reasonable explanation accounting for the unavailability of primary or secondary evidence, evidence of lower probative value (per 9-11 below) may be acceptable.

    9. 9. 

      Signed statements of co-workers or persons having first hand knowledge about wages paid or self-employment income received.

    10. 10. 

      Individual's personal records or account books made during the period(s) of his/her work.

    11. 11. 

      Other comparable evidence.

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RM 03812.002 - Informational Requirements - 10/14/2020
Batch run: 10/14/2020