The Expedited Appeals Process (EAP) may be used in those cases in which the claimant/appellant
does not dispute SSA's version of the facts in his/her claim. Rather, he/she challenges
the constitutionality of the law underlying the determination. For such cases, SSA,
has implemented the EAP to follow the decision of the Supreme Court in Weinberger v. Salfi (SSR 75-24c, B. 1971-1975, p.57).
The use of EAP should be extremely infrequent. Interviewers should not raise the subject
of EAP with every claimant/appellant who contests a less than fully favorable determination.
Very few claimants will actually challenge the constitutionality of provisions of
the law affecting them in a court of law.