TN 28 (09-16)
GN 04440.425 Rescinding or Correcting Deficiencies
A. Reviewing component policy for rescinding or correcting deficiencies
The decision to rescind or correct a deficiency is based on whether the adjudicating component’s disability determination conformed to the Social Security Act, regulations, rulings, and the POMS as of the date of the determination. When the reviewing component agrees to rescind the deficiency following the adjudicating component’s successful rebuttal action, the reviewing component removes the deficiency from the record.
1. Discovery of a wrong deficiency type in a deficient case
If the reviewing component identifies a wrong deficiency type in a case, e.g., documentation vs decisional or group I vs group II, they correct the cited deficiency to reflect the subsequently identified correct deficiency type. They record the correct deficiency type in the OQR legacy system for performance accuracy purposes. There is no rescission of the deficiency. To ensure the correct deficiency type is recorded, the IRR web-based tool will send a system-generated email notification to the OQR Reports Branch.
2. Discovery of an additional deficiency type in a deficient case
If the reviewing component rescinds an incorrectly cited deficiency, any subsequently identified deficiency is not recorded in the OQR legacy system for performance accuracy purposes (i.e., a new deficiency identified by the review component during the rebuttal evaluation and resolution, unrelated to the deficiency described in the original SSA-1774-U5, Request for Corrective Action). However, any new deficiencies identified by the reviewing component during the rebuttal process must be corrected, if appropriate, or returned to the adjudicating component for correction.
GN 04440.501 Completion of the SSA-1774-U5 (Request for Corrective Action)
3. Citing more than one deficiency on the SSA-1774-U5
If the reviewing component cites more than one deficiency on the Form SSA-1774-U5 (Request for Corrective Action), and the adjudicating component successfully rebuts only one of the cited deficiencies, the case remains deficient and the reviewing component will not rescind the remaining deficiency.
For example, the reviewing component may cite both a medical documentation deficiency and a vocational history documentation deficiency. However, if the adjudicating component successfully rebuts the medical documentation deficiency, but the vocational history documentation deficiency remains, the reviewing component will not rescind the deficiency because the case remains deficient based on documentation.
B. Adjudicating component procedures for processing rebuttal cases
The adjudicating component prepares the rebuttal submission, and takes the following actions:
sends the rebuttal case to the Office of Quality Review (OQR) reviewing component if the OQR rebuttal process criteria are met in GN 04440.410; or
submits a Request for Program Consultation (RPC) if the RPC criteria are met in GN 04440.405.
C. Reviewing component procedures for processing rebuttal cases
The reviewing component rescinds:
a group I deficiency, if the resolution is that no group I deficiency applies;
a group II deficiency, if the resolution is that no group II deficiency applies;
deficiencies in rebuttals requiring referral for resolution of policy issues only when the Office of Disability Policy (ODP), OQR, or other SSA component determines that the policy clarification was indeed necessary before the case could be adjudicated accurately.
The reviewing component corrects, but does not rescind, the cited deficiency for:
group I deficiency, if the correct deficiency citation is determined to be a group II deficiency or other technical corrective action; or
group I or II deficiency, if the incorrect type was cited (decisional to documentation).
Following the resolution of the rebuttal, the reviewing component must send the case to the Director of OQR, Division of Disability Quality as explained in GN 04440.410.