TN 11 (09-87)

RM 03849.001 Withdrawals

  1. Honor a person's right to withdraw his/her request for revision of his /her earnings record at any time before the date on which a determination is made if the withdrawal meets all of the following requirements:

    1. The withdrawal is in writing.

    2. It is signed by the individual or his/her authorized representative.

    3. It indicates clearly what allegations are being withdrawn.

    4. It states the reason(s) for the withdrawal.

      NOTE: In no case should an individual be asked to withdraw his/her request for revision of his/her earnings record.

  2. If withdrawal does not meet the conditions as set out above, or is based upon a misinterpretation of any of the provisions of the Social Security Act:

    1. Return the case to the field office.

    2. Explain why the withdrawal is not acceptable.

    3. Suggest the additional handling necessary to complete the case.

  3. If acceptable evidence (primary or secondary) has been obtained which is covered by the withdrawal and:

    1. The information in file makes it clear the individual withdrew his allegation because he expected to be credited with the amount shown on the evidence and his withdrawal relates only to the balance of his allegation, take the following action:

      1. Establish the “wages” based on the acceptable evidence.

      2. Prepare necessary closeout letter per RM 03803.071.

    2. It is clear that the individual intended to withdraw his entire allegation:

      1. Evaluate the evidence.

      2. Establish any “wages.”

      3. Write a closeout letter per RM 03803.071 unless there is a signed statement in the file that indicates the person understands the effect of the running of the statute.

        Caution:

        Where evaluating the evidence and processing an earnings adjustment would result in hardship to the individual (e.g., individual would be discharged if IRS contacted the employer, etc.) have your supervisor telephone ORSI before taking any action.

    3. The individual's intention is not clear:

      1. Return the case to the field office.

      2. Find out what allegations he intended to withdraw.

      3. Make sure the person clearly understands that his request for withdrawal will not stop running of the statute of limitations.

    4. The material in file shows that posted amounts should be reduced or removed completely:

      1. Prepare Forms SSA-7010 U5 or OAR-7000 U5 to correct the earnings record.

      2. Prepare a closeout letter per RM 03803.071.

  4. If an acceptable withdrawal (See A. above) is in file with respect to all discrepancies, no coverage or earnings determination was made during the current investigation, and:

    1. No discrepant periods are involved, or the withdrawal includes a statement that the individual is aware of the consequences of his/her action, close the case without a letter.

    2. A discrepant period is involved and the withdrawal does not include a statement that the individual has full knowledge of the consequences of his/ her action, prepare a closeout letter per RM 03803.071 (see E.1. below). Make sure an explanation is given to the effect that the withdrawn request will not stop the running of the statute of limitations.

      NOTE: If a closeout letter is required but total earnings are not given, the reconsideration paragraph is not used.

  5. If an acceptable withdrawal is in file, but such withdrawal is limited to only a part of the original allegation, or a coverage or earnings determination was made during the current investigation, and:

    1. It is a partial withdrawal, prepare a closeout letter per RM 03803.071. Include the following:

      1. The usual itemization.

      2. Acknowledgement of the withdrawal and the statement that further action in connection with the withdrawn allegations can be taken only if a new request for correction is received.

      3. Explain the statute of limitations and advise the individual that the withdrawn request will not stop the running of the statute against the period(s) in question.

        NOTE: The reconsideration paragraph will be given in partial withdrawal cases if adjustments are made, or total earnings are given, or earnings are listed in the closeout letter that are not included in the withdrawal.

    2. A coverage and/or earnings determination is approved, prepare a closeout letter per