TN 2 (11-13)
DI 51501.020 Claimant Asks to Withdraw a Pending Appeal
NOTE: These instructions only apply in situations that involve subsequent disability applications.
A. What the claimant needs to know about withdrawing an appeal
If a claimant asks to withdraw his or her pending appeal, tell the claimant that he or she must:
In addition, explain to the claimant that:
he or she may lose benefits or not qualify for benefits at all;
we do not approve all requests to withdraw an appeal;
we will process his or her new disability application only after we approve the request to withdraw the appeal; and
the decision on the prior claim will be the final decision, and he or she will not have the right to ask for further review of the decision.
B. How to process a request to withdraw the appeal
1. Request for reconsideration
Follow the instructions on withdrawing a request for reconsideration in GN 03102.200B.4., SI 04020.020B.10.e., and SI 04020.020C.4.
NOTE: If the file is in the Disability Determination Services (DDS), notify the DDS to discontinue development of the evidence and return jurisdiction of the case to the FO.
2. Request for hearing
Follow the instructions on withdrawing a request for a hearing in GN 03103.210 and SI 04030.020A.4.
IMPORTANT: Do not accept a new disability application at the same time a claimant submits a withdrawal request. The administrative law judge must approve the withdrawal request by dismissing the request for a hearing before we can process a new application. For more information on dismissals, see SI 04030.020A.5. and SI 04030.020A.6.
3. Request for Appeals Council (AC) review
Follow the instructions on withdrawing a request for an AC review in GN 03104.100C.6. and SI 04040.020C.5.
Additional withdrawal instructions
a. Electronic cases
Upload the withdrawal request into the electronic folder, and
Send an email to |||ODAR OAO with “Withdrawal” in the subject line. Include the claimant’s name and Social Security Number (SSN) in the body of the email.
b. Paper cases
For paper cases, fax the request to 1-703-605-7101.
IMPORTANT: Do not accept a new disability application at the same time a claimant submits a withdrawal request. The AC must approve the withdrawal request by dismissing the request for AC review before we can process a new application.
REMINDER: If the claimant submits additional evidence at any time, see DI 51501.015.
C. Filing date for approved withdrawal requests
For all levels of appeal, if the office with jurisdiction approves the claimant’s request to withdraw his or her appeal, the:
DI 51501.001 Procedural Change for Subsequent Disability Applications Effective July 28, 2011
DI 51501.010 Field Office Actions on Subsequent Disability Applications
DI 51501.025 Disposition of Subsequent Disability Applications