Identification Number:
NL 00703 TN 109
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Exhibit and Dictated Letters
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part NL – Notices, Letters and Paragraphs

Chapter 007 – Letters and Paragraphs for Title II, Title XVI, and Title XVIII

Subchapter 03 – Exhibit and Dictated Letters

Transmittal No. 109, 01/08/2024

Audience

PSC: BA, CA, CCRE, CS, DS, ICDS, IES, ILPDS, IPDS, ISRA, NPR, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BET, BIES, BTE, CC, CDT, CR, CTE, EIE, ERE, FDE, PETL, RECONR, RECOVR;
OCO-ODO: BET, BTE, CCE, CR, CST, CT, CTE, CTE TE, DE, DEC, DS, DSE, PAS, PETE, PETL, RCOVTA, RECONE, RECOVR;
FO/TSC: CS, CS TII, CS TXVI, CSR, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

This transmittal contains a revised version of sections NL 00703.471 and NL 00703.472. We revised these sections for the purpose of consistency with the changes in GN 03107.000 and SI 04060.000, and the Associate Commissioner (AC) approved expedited appeals process (EAP) notice clearance package which implemented revisions language for E3471 and E3472 in document processing system (DPS).

Summary of Changes

NL 00703.471 Expedited Appeals Process (EAP) is Denied

We updated the titled of this section and provided additional clarification that the exhibit notice is identified in DPS. We removed the subsection C.

Subsection A – On the title of subsection A, we changed “letter” to “notice”. We revised the language for the purpose of consistency with the AC-approved notice clearance package.

Subsection B – We updated the procedure instructions for the purpose of consistency with the changes in GN 03107.000 and SI 04060.000.

NL 00703.472 Claimant Cancels Request For Expedited Appeals Process (EAP)

We updated the titled of this section and provided additional clarification that the exhibit notice is identified in DPS. We removed the subsection C.

Subsection A – On the title of subsection A, we changed “letter” to “notice”. We revised the language for the purpose of consistency with the AC-approved notice clearance package.

Subsection B – We updated the procedure instructions for the purpose of consistent with the changes in GN 03107.000 and SI 04060.000.

NL 00703.471 Expedited Appeals Process (EAP) Notice - EAP is Denied

Document Processing System (DPS) Identifier: E3471

A. Exhibit notice

You will not be able to use the expedited appeals process (EAP) which you requested. The rest of this notice will explain why you will not be able to use the EAP and what will happen to *F1 case next.

Why We Cannot Approve *F1 Request

(Provide a dictated paragraph giving the reason for disallowing the EAP request.)

What Happens Next

We will process your request for review using our regular rules because you cannot use the EAP. We will send *F1 case to the servicing hearing office for a review which is called a hearing.

We are sending *F2 case to:

*F3

How A Hearing Works

A person who has not seen *F1 case before will look at it. That person will be an Administrative Law Judge (ALJ). The ALJ will consider the issue(s) you raise, the evidence in the file, and any additional evidence you provide.

You will receive an acknowledgement of your hearing request which will give you more information about the hearing process.

Suspect Social Security Fraud?

If you suspect Social Security Fraud, please visit https://oig.ssa.gov/report or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

Need more help?

  1. 1. 

    Visit www.ssa.gov for fast, simple, and secure online service.

  2. 2. 

    Call us at 1-800-772-1213, weekdays from 8:00 am to 7:00 pm. If you are deaf or hard of hearing, call TTY 1-800-325-0778. Please mention this letter when you call.

  3. 3. 

    You may also call your local office at *F1 .

    *F2

    How are we doing? Go to www.ssa.gov/feedback to tell us.

B. When to send an EAP denial notice

The field office (FO) will send an EAP denial notice if the claimant does not meet all requirements in GN 03107.100C.1 for Title II or SI 04060.010C.1 for Title XVI. Be sure to provide a dictated paragraph giving the reason for disallowing the EAP request.

NOTE: Include the address of the servicing hearing office where the claims folder was sent in the notice. Do not add an appeal paragraph as denying the use of EAP is not an initial determination.

For more information on FO EAP responsibilities, see GN 03107.150.

For exhibit notice fill-in choices, search for notice template E3471 in DPS.

 

NL 00703.472 Expedited Appeals Process (EAP) Notice - Claimant Cancels the EAP Request

Document Processing System (DPS) Identifier: E3472

A. Exhibit notice

You recently told us that you do not want to proceed further with the expedited appeals process (EAP) request on *F1 Social Security case.

If you change your mind and wish to proceed further with the EAP request, you will need to inform us of that choice within 30 days of the date you receive this notice. If you decide not to proceed with the EAP request, but wish to pursue further administrative review, you must request a hearing within 30 days. If we do not hear from you, our *F2 reconsideration decision will be our final decision on *F3 case. *F4 will have no further appeal rights within the administrative appeals process or in federal court.

  • The 30 days start the day after you receive this notice. We assume you got this notice 5 days after the date on it unless you show us that you did not get it within the 5-day period.

  • You must have a good reason for waiting more than 30 days to ask for a review.

  • If you want to request a hearing, you can file your appeal online, or use our HA-501, “Request for Hearing” form, available at www.ssa.gov/forms. You can also contact us to request the form or if you need help filling it out.

Suspect Social Security Fraud?

If you suspect Social Security Fraud, please visit https://oig.ssa.gov/report or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

Need more help?

  1. 1. 

    Visit www.ssa.gov for fast, simple, and secure online service.

  2. 2. 

    Call us at 1-800-772-1213, weekdays from 8:00 am to 7:00 pm. If you are deaf or hard of hearing, call TTY 1-800-325-0778. Please mention this letter when you call.

  3. 3. 

    You may also call your local office at *F1.

    *F2

    How are we doing? Go to www.ssa.gov/feedback to tell us.

B. When to send an EAP cancellation notice

The field office (FO) will send an EAP cancellation notice if the claimant no longer wishes to pursue the EAP and all parties have not yet signed the EAP agreement.

For more information on FO responsibilities when a claimant does not wish to pursue the EAP further, see GN 03107.150D.3.

For exhibit notice fill-in choices, search for notice template E3472 in DPS.

 


NL 00703 TN 109 - Exhibit and Dictated Letters - 1/08/2024