BASIC (03-01)

DI 33010.055 Withdrawals of Request for Reconsideration — Disability Cessation

A. Policy

1. General

A claimant may request withdrawal of a Request for Reconsideration-Disability Cessation (SSA-789-U4).

2. Requirements

The withdrawal request must be in writing, signed by the claimant and indicate that the claimant understands the effect of his/her action.

3. Who approves withdrawal

Unless the case involves a foreign claim, or a career railroad claim, the FO has the authority to approve the withdrawal. The Office of International Operations (OIO) approves withdrawals in foreign claims, and the Great Lakes Program Service Center (GLPSC) approves withdrawals in career railroad claims.

4. Cancellation of withdrawal

A person may request cancellation of a withdrawal if such request is filed within 60 days from the date the notice of approval of withdrawal is received. (See 20 CFR 404.911(b) and 416.1411(b) for good cause for missing the deadline.)

B. Procedure

1. When FO notifies DHU of withdrawal request

  1. Postpone any scheduled hearing pending disposition of the withdrawal.

  2. Prepare an SSA-408 to return the claims folder to the FO. Enter “Forwarded Per Your Request- Claimant Filed Request for Withdrawal of His/ Her Request for Reconsideration-Disability Cessation” in the remarks of the SSA-408.

  3. Document the DHU folder to show the reason for returning the case to the FO and update the case control system.

  4. Cancel or resume the hearing process based on the copy (received from FO) of the notice advising the claimant as to whether the request for withdrawal was granted or denied.

NOTE: If the request was denied, the claims folder will be returned to the DHU.

2. Request made to DHU-personal contact

  1. Advise claimant (representative) that a reconsideration is a prerequisite for an administrative law judge (ALJ)hearing and that such a request would result in the loss of future appeal rights on the initial cessation determination.

  2. Assist in preparing a signed statement if claimant insists on withdrawing the reconsideration request.

    NOTE: The statement should be in the claimant's own words and should give a detailed account of the reason for the request.

  3. Advise the claimant that the FO (OIO, GLPSC) has the authority to approve the withdrawal, and that his/her case will be forwarded for further processing.

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

  5. Prepare an SSA-408 to forward 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. Enter “Withdrawal Request for Your N/A” in the remarks of the SSA-408.

  7. Document the DHU folder to show the action taken and update the case control system.

3. Request made to DHU by telephone

Inquire as to the reason for the request.

Advise claimant as shown in B.2.a. above.

Inform the claimant to call or visit the FO if he/she insists on withdrawing.

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

Continue with the hearing process unless the FO notifies the DHU that a request for withdrawal has been filed.

4. Request made to DHU-written contact

  1. Prong file the request on the right hand side of the claims folder.

  2. Prepare an SSA-408 to return the case to the office having authority to approve the withdrawal.

    Annotate the SSA-408 to show “See Withdrawal Request In File For Your N/ A”.

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

5. Claimant cancels withdrawal

Process the claim as though no withdrawal had taken place if the claims folder contains a request for cancellation of the withdrawal.

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