TN 23 (11-12)

DI 22501.004 Protecting Evidence in the Disability Folder

Citations:

20 CFR 404.1512 and 416.912

A. Policy for safeguarding evidence

Do not write on, alter, mutilate, modify, or remove relevant evidence in the disability folder.

NOTE: You may date-stamp evidence if required for control purposes. You may also digitally annotate evidence in a certified electronic folder. For information on Annotations, Bookmarks, and Categories (ABCs), see DI 81020.095.

B. Procedure for processing a request to revise previously submitted evidence

If the claimant asks to revise, amend, or remove previously submitted relevant evidence from the folder; for example, the claimant objects to content in a CE report or the claimant wants to remove a previously submitted ADL report:

  1. Do not change the material in file.

  2. If you receive a written statement from the claimant, file it in the disability folder as evidence.

  3. If the claimant calls in by phone:

    1. Document the conversation and your actions on an SSA-5002 (Report of Contact) and file it in the disability folder as evidence; and

    2. Explain that if the claimant chooses to submit a written statement, we include it in the case file as evidence. The statement should include the information the claimant wishes to revise, amend, or remove, and the claimant’s (or claimant’s representative’s) signature.

EXCEPTION: See procedures for removing nonessential material and irrelevant evidence in DI 20503.001D.

NOTE: This procedure does not apply to updating non-evidentiary information, for example, contact information or a name change.

C. References

  • DI 20503.001, Documenting the Disability Folder – Disability Determination Services (DDS)

  • DI 31001.001, Claimant Representation


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0422501004
DI 22501.004 - Protecting Evidence in the Disability Folder - 11/28/2012
Batch run: 11/28/2012
Rev:11/28/2012