TN 1 (04-89)
GN 04442.710 Second Level Rebuttal - Initial, Reconsideration, and Continuing Disability Review Claims
This section provides second level instructions for the DRS and describes what actions OCP and OPIR take to resolve the deficiency.
1. DRS ACTION
DRS prepares a memorandum from the Director to the Office of Associate Deputy Commissioner for Central Processing (OCP) that clearly explains the reason for requesting the rebuttal, and addresses each area of disagreement.
DRS places any new medical or vocational statements in the folder and attaches the folder to the memorandum to OCP.
2. OCP ACTION
OCP prepares a memorandum supporting the DRS position and sends it and the folder to the Associate Commissioner, OPIR, or
OCP returns the folder to the DRS to take the action indicated on the SSA-1774-U5.
3. OPIR ACTION
Action is final.
OPIR makes its decision in consultationwith OD's Office of Medical Evaluation on the medical aspects of the rebuttal and/or with an OPIR vocational specialist on the vocational aspects.
OPIR notifies OCP in writingof its decision on the rebuttal and sends a copyto the DQB.
If OPIR agreeswith OCP and the DRS, the deficiency is rescinded.
NOTE: The DRS will take any outstanding action on the claim.
C. Procedure - Policy Clarification Issues
See GN 04442.705.D-F.