TN 13 (07-17)
GN 00206.105 Withdrawal (WD) Request after a Claim is Disallowed
A. Field Office instructions for a WD request filed after claim is disallowed
Unlike a WD, a disallowance preserves the claimant's appeal rights. The disallowance notice explains the reason(s) for the formal determination and advises the claimant of his or her right to reconsideration. Therefore, from the claimant's perspective, it may be preferable to process a case to a disallowance rather than as a WD.
If the claimant submits a WD request, inform him or her that a disallowance decision has no future disadvantages and provides appeals rights. If the claimant insist on withdrawing the claim after the disallowance:
obtain a signed statement stating that he or she understands:
The disallowance decision preserves his or her appeal rights, as a WD does not.
The subsequent application (if any) may not cover the same retroactive period as the disallowed claim.
Forward the signed statement with the WD request to the appropriate PC. Refer to GN 00206.014 for WD request after adjudication.
B. PC instructions for a WD request after a claim is disallowed
Upon receiving the WD request, review it to ensure it meets the conditions listed in GN 00206.005. If it does, approve the WD by annotating:
The Manual Adjustment, Credit, and Award Process (MADCAP)/Manual Adjustment, Credit, and Award Data Entry (MACADE) or equivalent form.
The Master Beneficiary Record (MBR) with a special message stating that we approved the WD.
If the evidence in the file supports denying the WD request without further development, (e.g., request submitted more than 12 months after the entitlement), deny the WD request. For notice of WD and appeal rights, see GN 00206.145.