Administrative actions that are not initial determinations may be reviewed by us,
but they are not subject to administrative or judicial review.
Actions that are not initial determinations include, but are not limited to:
The following are not initial determinations:
The rate of withholding to recover an overpayment;
Continuation of benefits to a beneficiary who has failed to report a termination or
suspension event does not constitute a determination. SSA may consider the correctness
of such payments whenever it becomes aware of the event. The determination then made
as to termination or suspension is an initial determination which is subject to administrative
review and to reopening under the rules of administrative finality.
Denial of request to extend the time period for requesting review of determination
Denial of request to use the EAP
Denial of request to reopen a determination or decision;
Denial on the basis of res judicata. (SSA will review cases denied on the basis of
res judicata, but only to see if we correctly applied res judicata.);
Denial of request to readjudicate claim and apply an Acquiescence Ruling;
Denial of request to be included as a class member eligible for relief in a court
A finding that a representative payee misused benefits paid on behalf of a beneficiary;
Representative payee's determination on how to spend accrued or conserved funds.
A finding as to the amount an attorney or other representative may charge for representing
a claimant or beneficiary before SSA;
Disqualifying or suspending a person from acting as a representative in a proceeding
Informal denial notices and notices closing out protective writings for SVB;
Declining to make a determination on a claim for benefits based on alleged misinformation.
Compromising, suspending or terminating collection of an overpayment under the Federal
Claims Collection Act.