TN 3 (09-19)

DI 33010.055 Withdrawal of Request for Reconsideration of Disability Cessation

A. Policy on withdrawal of a request for reconsideration of disability cessation

1. Who can request a withdrawal

  • A beneficiary (or recipient) may request to withdraw his or her request for reconsideration of an initial cessation determination ( i.e., SSA-789 Request for Reconsideration-Disability Cessation Right to Appear or Modernized Supplemental Security Income Claim System (MSSICS) generated printout).

  • A beneficiary (or recipient) may subsequently request to cancel withdrawal.

2. Requirements for requesting a withdrawal

The withdrawal request must:

  1. a. 

    Be in writing,

  2. b. 

    Be signed by the beneficiary (or recipient), and

  3. c. 

    Indicate that he or she understands the effect of the withdrawal.

3. Who has authority to approve a withdrawal

  • The field office (FO) has the authority to approve the withdrawal request, unless the case involves a foreign claim or a career railroad claim.

  • The Office of Earnings and International Operations (OEIO) approves withdrawals in foreign claims, and

  • The Great Lakes Program Service Center (GLPSC) approves withdrawals in career railroad claims.

B. Responsibilities and procedures on a withdrawal request

1. When the FO notifies disability hearing unit (DHU) of withdrawal request

  1. a. 

    Postpone any scheduled hearing pending disposition of the withdrawal request.

  2. b. 

    Prepare an SSA-5002 Report of Contact (for electronic claim) or SSA-408 Route Slip (for paper claim) to return the claims folder to the FO. Annotate “Forwarded Per Your Request- Beneficiary (or recipient) Filed Request for Withdrawal of His or Her Request for Reconsideration-Disability Cessation”.

  3. c. 

    Update the case control system.

  4. d. 

    Cancel or resume the hearing process based on the response received from the FO as to whether the request for withdrawal was granted or denied.

NOTE: The FO will return the claims folder to the DHU if the FO denies the request for withdrawal.

2. Request made to DHU by in-person contact

  1. a. 

    Advise the beneficiary (or recipient) and appointed representative that a reconsideration is a prerequisite for an administrative law judge (ALJ) hearing, that withdrawing the request for reconsideration will result in the loss of future appeal rights on the claim, and that the initial cessation determination will become final if the request for reconsideration is withdrawn.

  2. b. 

    Assist in preparing a signed statement if the beneficiary (or recipient) insists on withdrawing the reconsideration request.

    NOTE: The statement should be in the beneficiary's (or recipient's) own words and should give a detailed account of the reason for the request.

  3. c. 

    Advise the beneficiary (or recipient) that the FO (OEIO, GLPSC) has the authority to approve the withdrawal, and that his or her case will be forwarded for further processing.

  4. d. 

    Postpone any scheduled hearing pending disposition of the request for withdrawal.

  5. e. 

    Prepare an SSA-5002 Report of Contact or SSA-408 Route Slip to route the case to the FO. (Career railroad claims will be sent to: GLPSC—DRS, P.O. Box 8470-A, Chicago, IL, 60680. Foreign claims will be sent to: Social Security Administration, P.O. Box 17769, Baltimore, MD, 21203, ATTN: Reconsideration Branch.)

  6. f. 

    Annotate the SSA-5002 Report of Contact or SSA-408 Route Slip to show “See Withdrawal Request In File For Your Approval or Denial”.

  7. g. 

    Update the case control system.

3. Request made to DHU by telephone

  1. a. 

    Inquire as to the reason for the request.

  2. b. 

    Advise the beneficiary (or recipient) as shown in B.2.a. above.

  3. c. 

    Inform the beneficiary (or recipient) to call or visit the FO if he or she insists on withdrawing.

  4. d. 

    Stress the importance of contacting the FO immediately so the hearing process can be postponed pending disposition of the withdrawal.

  5. e. 

    Continue with the hearing process unless the FO notifies the DHU that the beneficiary (or recipient) filed a request for withdrawal.

4. Request made to DHU by written contact

  1. a. 

    Prepare an SSA-5002 Report of Contact (for paper case) or SSA-408 Route Slip (for paper case) and route the case to the office having authority to approve withdrawal.

  2. b. 

    Annotate the SSA-5002 Report of Contact or SSA-408 Route Slip to show “See Withdrawal Request In File For Your Approval or Denial”.

    NOTE: If the case is a career railroad case and the written contact does not show that the claimant fully understands the effects of a withdrawal, forward the case to the FO.

  3. c. 

    Proceed as shown in B.1.a, c, and d above.

5. Beneficiary (or recipient) cancels withdrawal request

  1. a. 

    A beneficiary (or recipient) may request to cancel a withdrawal if filed within 60 days from the date he or she receives the notice of approval of withdrawal. (See 20 CFR 404.911(b) and 416.1411(b) for good cause for missing the deadline.)

  2. b. 

    Process the claim as though no withdrawal had taken place if the claims folder contains a request to cancel the withdrawal.

  3. c. 

    Notify the other components involved in this process if you were the component that received the cancellation.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0433010055
DI 33010.055 - Withdrawal of Request for Reconsideration of Disability Cessation - 09/05/2019
Batch run: 09/05/2019
Rev:09/05/2019