Explain the requirements in SI 04060.020. If the appellant still wishes to use EAP, secure a signed statement on an SSA-795
(Statement of Claimant or Other Person) and forward the statement together with the
case folder to the RO, ATTN: ARC, Programs.
Although the statement need not include each point separately, ensure that the following
he/she has received an explanation of and agrees to all the conditions in SI 04060.020, and
wishes to enter into an EAP agreement.
Ensure that the statement also includes an indication that the appellant understands
the next level of appeal is to file in U.S. District Court. Keep a copy of the statement
in the FO until the final agreement is signed or a decision is made that EAP does
IMPORTANT: Be sure that the individual understands that this is an alternative to the appeals
process and that the right to pursue the issue through the normal administrative appeals
process will be curtailed once a formal agreement is signed by both parties.
Inform the claimant that once an agreement is signed by both parties, there is no
provision for withdrawal from the agreement and the only way to proceed is through
the U.S. District Court.