Identification Number:
RM 03844 TN 4
Intended Audience:See Transmittal Sheet
Originating Office:DCO OCO OEIO DTPS
Title:Processing Earnings Discrepancy Cases
Type:POMS Transmittals
Program:Records Maintenance (Earnings & Enumeration)
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part RM – Records Maintenance
Chapter 038 – Earnings Discrepancies
Subchapter 44 – Processing Earnings Discrepancy Cases
Transmittal No. 4, 08/19/2020

Audience

Originating Component

OCO

Effective Date

Upon Receipt

Background

This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.

 

Summary of Changes

RM 03844.018 Reviewing Evidence

This POMS section is updated to improve readability and tone.

Part A. removed - prepare an SSA-7010 U5 and parenthesis from second sentence

Part B. removed- and prepare a SSA-7010 U5 and parenthesis from second sentence

removed third sentence- Annotate item 13 of the SSA-7010 U5 to document the reasons for the decision

changed fourth sentence to read: Prepare an informal determination on a SSA-553

Part C. removed- and prepare a SSA-7010 U5 and parenthesis from second sentence

removed - Annotate item 13 of the SSA-7010 U5 to document the reasons for the decision.

changed fourth sentence to read: Prepare an informal determination on a SSA-553

Part D. changed sentence to read: Consider the earnings record to be in agreement where evidence has been submitted and the difference between the reported amount and the evidence does not exceed the amount required for a quarter of coverage, and there is no indication in the file of an incorrect reporting practice by the employer.

Part F. 1. a. Changed to read: Review Form SSA-553

Part F. 2. b. Changed sentence to read: Where all necessary development has been completed but the field office failed to furnish a required determination, prepare one.

RM 03844.018 Reviewing Evidence

A. Only Primary Evidence Submitted

Normally, primary evidence is sufficient to resolve an earnings discrepancy case. As long as the evidence is in exact or substantial agreement with the allegation, or allocate from a dummy report per RM 03803.067 to establish the earnings based on the primary evidence.

B. Primary And Secondary Evidence Submitted

If the amount of earnings on the evidence is not in exact or substantial agreement, the field office should have also secured secondary evidence. Evaluate all the available evidence, determine the correct amount or allocate from a dummy report per RM 03803.067 to establish the earnings. Prepare an informal determination on an SSA-553.

C. Only Secondary Evidence Submitted

Follow the guidelines in RS 01403.053 for evaluating secondary evidence. Decide if there is sufficient evidence to establish earnings and, if so, determine the correct amount or allocate from a dummy report per RM 03803.067 to establish the earnings. Prepare an informal determination on a SSA-553.

D. Evidence Tolerance

Consider the earnings record to be in agreement where evidence has been submitted and the difference between the reported amount and the evidence does not exceed the amount required for a quarter of coverage, and there is no indication in the file of an incorrect reporting practice by the employer.

E. Withdrawal Requests

Where a request for “withdrawal” is attached to the file material, make certain that the “withdrawal” is acceptable per RM 03849.001.

F. Determination Of Wages

1. IF THE FIELD OFFICE HAS MADE A DETERMINATION:

  1. a. 

    Review Form SSA-553.

  2. b. 

    Take into consideration the amount and quality of the evidence submitted, the comments, and opinions expressed by the field office in their reports of contact.

  3. c. 

    Consider previous determinations, pertinent opinions from the Office of the General Counsel, Program Operations Manual System, or Regulations No. 4.

  4. d. 

    Each case must stand on its own merits. Be guided by, but not bound by, precedent.

  5. e. 

    Evidence acceptable in one case may not be acceptable in another case because of qualifying circumstances such as employer-employee relationship, amount of “wages,” quarters of coverage, age of individual, etc.

  6. f. 

    Usually more than one type of secondary evidence will be needed in order to establish wages.

  7. g. 

    In all cases the secondary evidence which seems to be necessary will be governed to a great extent by what it is possible to obtain.

  8. h. 

    If the determination is correct, sign your name as reviewer.

  9. i. 

    If the determination is in error, prepare, or correct the determination.

  10. j. 

    If the determination is of precedent value, prepare a card for the employer precedent file.

2. IF THE FIELD OFFICE HAS NOT MADE A DETERMINATION:

  1. a. 

    Examine the case to see whether a determination is required.

  2. b. 

    Where all necessary development has been completed but the field office failed to furnish a required determination, prepare one.

G. Referring Cases To ORSI

Refer cases to ORSI that are not covered by existing instructions and precedents by preparing a Form SSA-4597 U3, Record of Material Referred To. However, before referring any case to ORSI make sure the requirements in RM 03844.047 have been met.


RM 03844 TN 4 - Processing Earnings Discrepancy Cases - 8/19/2020