The decision to rescind or correct a deficiency after rebuttal 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 review component agrees to rescind the deficiency following the adjudicating component’s
successful rebuttal action, the review component removes the deficiency from the record.
Discovery of a wrong deficiency type in a deficient case
If the review 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. The correct deficiency type is
recorded in the OQR case processing system for performance accuracy purposes. There
is no rescission of the deficiency.
Discovery of an additional deficiency type in a deficient case
If the review component rescinds an incorrectly cited deficiency, any subsequently
identified policy deficiency is not recorded in the OQR case processing 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 policy
deficiencies identified by the review 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
Citing more than one deficiency on the SSA-1774-U5
If the review component cites more than one policy deficient issue in the narrative
of the SSA-1774-U5, Request for Corrective Action, and the adjudicating component
successfully rebuts only one of the policy issues in the cited deficiency, the case
remains deficient and the review component will not rescind the remaining deficiency.
For example, the review component may cite policy issues with both medical documentation
and vocational history documentation in the deficiency. However, if the adjudicating
component successfully rebuts the medical documentation deficiency, but the vocational
history documentation deficiency remains, the review component will not rescind the
deficiency because the case remains deficient based on documentation.