TN 38 (01-19)

GN 04440.203 Second Returns

A. Introduction

If the adjudicating component fails to complete all requested actions, or if new issues arise because of the actions taken after the first return, a second return may be necessary.

B. Policy

If the review component disagrees with the corrective actions taken by the adjudicating component and the adjudicating component has not rebutted the deficiency, the review component will either:

  • assume jurisdiction, take the necessary corrective action, and prepare a new disability determination; or

  • prepare a new SSA-1774-U5 (Request for Corrective Action) and return the case to the adjudicating component.

No additional deficiency will be cited. For an explanation of situations when the review component may consider assuming jurisdiction, see GN 04440.245.

C. Procedure - Review Component – Case Fully Documented

When the adjudicating component returns a case that is fully documented, and you disagree with the determination, follow the procedure in GN 04440.203C.1.-GN 04440.203C.4.

1. Initial and Reconsideration Cases – Disability Determination Incorrect

Apply the following procedure when the case is fully documented by the adjudicating component in response to the first return, but you disagree with the disability determination. Either:

  • Assume jurisdiction and prepare a new determination and notice;

  • Release the notice and effectuate the determination or route the folder to the appropriate component for effectuation; and

  • Notify the adjudicating component of the action on the case using the SSA-847-U3 (Request for Case Action); Or

  • Prepare a new SSA-1774-U5;

  • Annotate the heading of the new SSA-1774-U5, Second Return – No Additional Deficiency Cited;

  • Acknowledge the actions completed by the adjudicating component and outline what actions are needed and why;

  • Control the return to the adjudicating component; and

  • Send a copy of the new SSA-1774-U5 to the regional Center for Disability (CD).

Never, under any circumstances, cite a second deficiency.

NOTE:: 

If the Disability Hearing Unit (DHU) has jurisdiction (e.g., a reconsideration affirmation of an adverse reopening), do not assume jurisdiction. Instead, return the case to the adjudicating component and ask them to route the case to the DHU. See GN 04440.310 for further instructions.

2. Initial and Reconsideration Cases – Onset and/or Ending Date Incorrect

Apply the following procedure when the case is fully documented by the adjudicating component in response to the first return, but you disagree with the onset and/or ending date determination.

  • Correct the SSA-831 (Disability Determination and Transmittal);

  • Correct or create the notice, if necessary;

  • Release the notice and effectuate the determination, or route the folder to the appropriate component for effectuation.

  • Notify the adjudicating component of your actions on the case using the SSA-847-U3.

NOTE:: 

If the DHU has jurisdiction (e.g., a reconsideration affirmation of an adverse reopening), return the case to the adjudicating component and ask them to route the case to the DHU. See GN 04440.310 for further instructions.

3. CDR Cases - Reversal to Continuance

Apply the following procedure when the case is fully documented by the adjudicating component on the first return, but you disagree with the cessation determination, either:

  • Assume jurisdiction and prepare a new determination and notice;

  • Release the notice and effectuate the determination, or route the folder to the appropriate component for effectuation; and

  • Notify the adjudicating component of the action on the case using the SSA-847-U3; Or

  • Prepare a new SSA-1774-U5;

  • Annotate the heading of the new SSA-1774-U5, Second Return – No Additional Deficiency Cited;

  • Acknowledge the actions completed by the adjudicating component and outline what actions are needed and why;

  • Control the return to the adjudicating component; and

  • Send a copy of the new SSA-1774-U5 to the regional CD.

4. CDR Cases - Reversal to Cessation or Different Cessation Date

Apply the following procedure when the case is fully documented by the adjudicating component on the first return, but you disagree with the continuance determination or the cessation date.

  • Prepare a new SSA-1774-U5;

  • Annotate the heading of the new SSA-1774-U5, Second Return – No Additional Deficiency Cited;

  • Ask the adjudicating component to prepare a new determination and notice;

  • Control the return to the adjudicating component; and

  • Send a copy of the new SSA-1774-U5 to the regional CD.

D. Procedure - Review Component - Case Not Fully Documented

Apply the following procedure when the case is not fully documented by the adjudicating component on the first return.

  • Prepare a new SSA-1774-U5;

  • Annotate the heading of the new SSA-1774-U5, Second Return – No Additional Deficiency Cited;

  • Acknowledge the actions completed by the adjudicating component and outline what actions are needed and why;

  • Control the return to the adjudicating component;

  • Send a copy of the new SSA-1774-U5 to the regional CD.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0204440203
GN 04440.203 - Second Returns - 01/28/2019
Batch run: 01/28/2019
Rev:01/28/2019