Identification Number:
RM 03849 TN 4
Intended Audience:See Transmittal Sheet
Originating Office:DCO OCO OEIO DTPS
Title:Processing Special Type Earnings Discrepancy Cases
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part RM – Records Maintenance
Chapter 038 – Earnings Discrepancies
Subchapter 49 – Processing Special Type Earnings Discrepancy Cases
Transmittal No. 4, 10/09/2020

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. This POMS section should be updated to improve the content for readability and tone.

 

Summary of Changes

RM 03849.005 Acceptances

Removed reference for use of the SSA-7035 – obsolete form and obsolete link. Revised for clarity and readability:

In the first sentence of the opening paragraph, removed "are" after "Cases". Added "(FO)" after "offices", added "an" before "investigation", replaced "which" with "is complete may" before "include", added "individual's" before "acceptance".

In the second sentence of the opening paragraph, replaced "In effect" with "Essentially", replaced "is withdrawing his/her" with "withdrew their". Replaced "...further investigation and accepts..." with "...further investigation, accepting...".

In letter A., replaced "enter on the Form SSA-7035" with "annotate the case".

In. A.1., removed "has" after "Individual", removed "...to the effect..", replace "his/her" with "their".

In A.2., replaced "have been" with "were", replaced "as a result of" with "based on".

In NOTE: replaced "have been" with "were", removed "that" after "consider", replaced "have been" after "...adjustments..." with "were", replace "as a result" with "because", replaced "written" with "prepared".

In A.3., replaced "has been" with "was", replaced "granting or denying" with "to grant nor deny...".

In Exception:, removed "even though a coverage or earnings determination has been made,...", changed "...obvious that..." to "clear the earnings from the...", replaced "that" with "the", replaced "...has accepted that fact." to "agrees."

In B., removed obsolete POMS reference.

In NOTE:, removed obsolete disposition: "The case cannot be "NL closed."".

RM 03849.005 Acceptances

Cases received from field offices (FO) after an investigation is complete may include an individual's acceptance of the earnings record. Essentially, the individual withdrew their request for further investigation, accepting the posted earnings as correct. The file may contain evidence of part of the earnings alleged, or it may contain no evidence.

If the FO investigation completely resolved all discrepancies and the file contains a signed acceptance, do not handle as an acceptance case. Instead, prepare a letter to the individual and close the earnings discrepancy case.

  1. A. 

    In cases where all three of the following conditions exist, annotate the case “Individual accepts record,” date and initial, but do not send a closeout letter:

    1. 1. 

      Individual signed a statement that their posted earnings record is correct.

    2. 2. 

      No adjustments were made in the earnings record based on the evidence obtained.

      NOTE: 

      If alleged items were posted after the case was sent to the FO, consider the adjustments were made because of the investigation and a closeout letter must be prepared.

    3. 3. 

      No coverage or earnings determination was made to grant nor deny in whole or part the individual's request for revision.

      Exception:

      Do not send a closeout letter, if it is clear the earnings from the services were not covered, or the alleged amounts are not “wages” and the individual agrees.

  2. B. 

    In acceptance cases where all the conditions outlined in “A” above are not met, prepare a closeout letter including the following:

    1. 1. 

      Any pertinent itemization.

    2. 2. 

      A reference to the acceptance.

    3. 3. 

      Reconsideration paragraph.

      NOTE: 

      If a coverage or “wage” issue is involved, a determination is necessary, and a letter must be written.


RM 03849 TN 4 - Processing Special Type Earnings Discrepancy Cases - 10/09/2020