TN 4 (12-09)

DI 20101.040 Processing Disability Cases Involving Railroad (RR) Service, Changed-Identity, Emergency Clause Agreements, or Unresolved Jurisdiction Cases

A. Career Railroad RR or dependent RR survivor annuitant cases

1. Jurisdiction

SSA's Great Lakes Program Service Center-Disability Processing Branch (GLPSC-DPB) (V32) has jurisdiction for disability claims in which the RR worker has:

  • 120 months or more of service creditable under the Railroad Retirement Act;

  • At least 60 months of RR service after December 31, 1995 under the Railroad Retirement Act; or

  • Been awarded a retirement or disability annuity by the railroad board (RRB), regardless of the amount of RR service.

GLPSC also has jurisdiction of the following types of claims filed by claimants who claim a RR survivor annuity as a disabled dependent of a deceased career RR worker:

  • Disability Insurance Benefits (DIB),

  • Supplemental Security Income (SSI),

  • Childhood Disability Benefits (CDB), or

  • Disabled Widow’s Benefits (DWB).

NOTE: If the Railroad Board (RRB) has jurisdiction of a survivor claim, the field office (FO) sends the claim to the RRB for processing; GLPSC-DPB does not have jurisdiction.

REFERENCES:

  • DI 11050.001 – Use of Railroad (RR) Compensation in Disability Cases

  • DI 44001.000 – Processing Career Railroad (RR) Cases

2. Handling misrouted cases

A career RR or a surviving dependent RR annuitant case is sometimes erroneously transferred to the DDS.

a. FO discovers an erroneous transfer

Immediately telephone the DDS and advise that the case is not under DDS jurisdiction.

  • If this is a certified electronic folder (CEF) case, request the DDS to reject jurisdiction of the case to V32 (GLPSC-DPB) or, if the case has already been receipted, to transfer the case to V32.

  • If it is not a CEF case, request that the case be returned to the FO as soon as possible.

b. DDS discovers an erroneous transfer

If the DDS suspects the case meets the criteria for transfer to GLPSC-DPB, contact the FO for clarification via an Electronic Disability Collect System (EDCS) assistance request. For processing instructions, see Electronic Assistance Requests (AR) DI 81020.100.

3. Consultative examination (CE) needed

GLPSC-DPB may request that the DDS arrange the CEs. Case jurisdiction remains with GLPSC-DPB in accordance with the development request.

For certified electronic folders:

  1. 1. 

    The DPB sends an electronic assistance request to the DDS. See Electronic Assistance Requests (AR) DI 81020.100.

  2. 2. 

    The DDS initiates the CE request(s).

  3. 3. 

    The DDS uploads to the CEF all CE-related documents as received, including the notice to the claimant of CE appointment, any claimant contacts or failure-to-attend CE documents, and the CE report(s). This permits DPB to monitor the progress of the CE in eView.

  4. 4. 

    The DDS handles missed CE appointments and authorizes reschedules following usual DDS CE policy.

For modular disability folders:

  1. 1. 

    Fax a copy of the CE report(s) to GLPSC DPB at (312) 575-4701

  2. 2. 

    Mail the original signed CE report(s) to:

    GLPSC - DPB - 9th Floor
    P.O. Box 87755
    Chicago, IL 60680-0955
    ”Do Not Open in Mailroom”

B. Department of Justice (DOJ) changed-identity claims

DDS does not have jurisdiction of any Title II or Title XVI disability claim filed by or on behalf of a claimant who changed their identity under the guidance of the Department of Justice (DOJ) witness protection program. If you receive a DOJ witness protection case, contact the office that forwarded the case to determine disposition of materials.

NOTE: This does not apply to an individual who receives a new SSN under Harassment, Abuse, and Life Endangerment (HALE) provisions.

C. SSA emergency clause case agreements

1. Emergency clause case agreements apply to select disability cases

When the DDS and SSA agree that Office of Central Operations (OCO), Program Service Center- Disability Processing Branch (PSC-DPB), or Disability Quality Branch (DQB) should make a disability determination because of workload considerations, efficiency, or a special case issue, an emergency clause case agreement is established.

Emergency clause case agreements:

  • Apply to select disability cases, for which the DDS normally has jurisdiction.

  • Specify the effective period of time and the type of cases to be transmitted to OCO, GLPSC-DPB, or DQB.

2. Emergency clause case agreements under SSA jurisdiction

Once jurisdiction of a case has been transferred to OCO, GLPSC-DPB, or DQB under an emergency clause case agreement, the case remains under SSA jurisdiction until formally transferred back to the DDS.

As a result, SSA has case jurisdiction for subsequent reconsideration, continuing disability action, and revising (favorably or unfavorably) any prior determination.

D. Unresolved jurisdiction issues

If jurisdiction issues cannot be resolved using these instructions and POMS references, authorized personnel should direct specific questions to their Regional Office (RO) Center for Disability.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0420101040
DI 20101.040 - Processing Disability Cases Involving Railroad (RR) Service, Changed-Identity, Emergency Clause Agreements, or Unresolved Jurisdiction Cases - 07/02/2010
Batch run: 04/14/2014
Rev:07/02/2010