TN 17 (09-93)

RS 01403.035 Requesting Employer Statements

A. Policy

The individual must furnish the name and address of the employer to whom request for wage evidence is to be sent.

1. Lag earnings

Use Form SSA-7011-F4, SSA-1002-F3, or SSA-1003-F3 to request wage information from an employer in a claim situation when:

  • development of lag earnings is required (RS 01404.005); and

  • neither Form W-2, Form W-2c, nor an employer prepared wage statement (RS 01404.018) is available.

2. Prelag earnings

Use Forms SSA-7011-F4, SSA-1002-F3 or SSA-1003-F3 to request wage information from an employer in a claim situation when:

  • development of prelag earnings is required (RS 01404.110.); and

  • neither Form W-2 nor Form W-2c is available.

B. Procedure — requesting employer's statement

In requesting an employer's statement:

  1. Obtain permission from the employee (or his/her survivor) before contacting the employer.

  2. Send the forms directly to the employer on behalf of the individual (or his/her survivor):

    • use Form SSA-L7013 (Social Security Request for Wage Information) as a cover letter (RM 03870.101) for Forms SSA-1002-F3 and SSA-1003-F3;

    • do not use a cover letter for Form SSA-7011-F4.

  3. Enclose a franked envelope with the form.

1. When to use Form SSA-1002-F3

Use Form SSA-1002-F3 for wages paid for agricultural labor prior to 1988.

NOTE:  See special requirements for agricultural labor in RS 01402.020.

2. When to use Form SSA-1003-F3

Use Form SSA-1003-F3 for wages paid for agricultural labor after 1987.

EXCEPTION:  See exception for seasonal agricultural laborers in RS 01402.025.

3. When to use Form SSA-7011-F4

Use Form SSA-7011-F4 for all employment except for agricultural labor. Also use Form SSA-7011-F4 for State and local wages paid after 1986.

REFERENCE: See special policy requirements for Railroad, RS 01602.350; and Uniformed Services, RS 01404.200.

C. Procedure — second request for employer's statement

Allow 15 calendar days after the first request before sending a second request for wage information from the employer.

NOTE: If insured status is involved and development will result in insured status, begin developing other sources of wage evidence following the first refusal to cooperate or lack of acknowledgement.

1. Private sector employers

Add the following paragraph to Form SSA-L7013 or page 1 of Form SSA-7011-F4 when sending a second request to private sector employers:

This is a second request. Please be aware that we have the power to subpoena your records and/or require your testimony under Section 205(d) of the Social Security Act.

NOTE: See RS 01403.005E for subpoena power procedures.

2. Public sector employers

Annotate “Second Request” on Form SSA-L7013 or on page 1 of Form SSA-7011-F4, without the subpoena power paragraph, on all second requests to public sector employers.

3. Employer fails to acknowledge request

Develop other primary or secondary evidence, if possible, if employer either refuses to cooperate or fails to acknowledge a second request from SSA.

If no other evidence can be developed, other than the individual's allegation, and there is reason to believe that the employer has the wage evidence in his/her possession, field offices and program service centers will:

  1. document the folder showing what efforts were taken to resolve the earnings issue; and

  2. send the folder to the servicing regional office Attention: Center for Program Support

    Office of Central Operations (OCO) will refer folders to:

    OISP/OEEMP
    6401 Security Blvd.
    2514 RMB Bldg.
    Baltimore, MD 21235

    REFERENCE:  See RS 01403.080 for regional office subpeona procedures.