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