TN 13 (07-17)

GN 00206.145 Notice of Withdrawal (WD) and Appeal Rights

A. Processing instructions for WD notices

The field office (FO) sends pre-effectuation WD notices, and the Processing Center (PC) sends all post-entitlement Title II WD notices (approvals and denials). The technician who approves or denies the WD request must issue a proper notice. Following are some general rules to follow when providing notice:

  • Denial of a WD request is an initial determination subject to appeal. Include the reason for denial and, if appropriate, the reconsideration paragraph. For more information on when to include the reconsideration paragraph, see GN 00206.145B and GN 00206.145C.

  • In cases with a denied WD, send the denial WD notice separate from any other notice.

  • The notice for pre-effectuated WDs will be systems-generated (in most cases).

  • Use a dictated notice or exhibit SSA-L250 (Approval of Withdrawal) found in NL 00725.005 for the WD notice for post-entitlement WDs when the Title II Redesign (T2R) process does not generate a notice.

  • If a dictated notice is necessary, the Claims Authorizer or Claims Technical Examiner will annotate the appropriate paragraph(s) (e.g., 257 or 258) and refer the case to the Benefit Authorizer or Benefits Technical Examiner. See numbered paragraphs listed in NL 00708.100.

    • Paragraph 257 (WD Approved after Award); or

    • Paragraph 258 (WD Approved before Award); or

    • A dictated paragraph.

  • If the number holder's (NH) approved WD will nullify any auxiliary’s unprocessed award, notify the auxiliary of the disposition of the NH's WD, even if the auxiliary is living in the same household as the NH.

  • For exhibit notices relating to various WD situations, see NL 00703.700 through NL 00703.706.

B. Notice for approved WD request and appeal rights

Approval of a WD is not an appealable determination for the requestor (see Note below). Do not include a reconsideration paragraph in the notice unless it also includes notification about other determinations (e.g., earnings determinations). In this situation, the notice should clearly state that the appeal language applies to the determination made on the other issue and not for the WD approval determination. Be sure to notify the WD requester and anyone else whose entitlement the WD affects, once we take final action on the request.

NOTE: Any claimant (other than the requester) will retain appeal rights if the WD affects his or her entitlement. In that situation, include the reconsideration paragraph in the notice to the claimant.

C. Notice for disapproved WD request

The disapproval of a WD is an appealable determination for the claimant or others on the record whose entitlement the WD would affect. Include the reconsideration paragraph in any notice of disapproval and explain the reason for the disapproval.

If the disapproval of the WD occurs after we disallowed the claim, use the E3705 notice in NL 00703.705.

IMPORTANT: If we deny a WD request for Retirement Insurance Benefits (RIB) because it is more than 12 months after the current date of entitlement (DOEC), or the claimant has previously withdrawn a RIB claim, prepare a manual notice using Exhibit E4019 (Withdrawal denial) found in NL 00703.703.

D. Appeal rights

Any claimant affected by the withdrawal of the NH’s claim will receive a notice with appeal rights notifying him or her of the benefit changes. Appeal rights apply only to those claimants whose benefits are nullified or reduced by WD request. The withdrawing claimant cannot appeal the notice of approval for the WD request.

NOTE: The auxiliary (or proper applicant for the auxiliary) may withdraw consent anytime within the 60-day appeal period.

E. References