Identification Number:
RM 03812 TN 1
Intended Audience:See Transmittal Sheet
Originating Office:DCO OCO Center for Program Support
Title:Disagreements
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part RM – Records Maintenance
Chapter 038 – Earnings Discrepancies
Subchapter 12 – Disagreements
Transmittal No. 1, 10/14/2020

Audience

Originating Component

OCO

Effective Date

Upon Receipt

Background

The POMS sections below should be updated to improve the content for readability and tone. This is a QAT and no AC signoff needed.

Summary of Changes

RM 03812.001 Controlling, Assembling and Assigning Earnings Disagreement Cases

Remove per RM 05000ff

Part D. Use the word Itemized and remove the word Detail

RM 03812.002 Informational Requirements

Part B Signature remove set out in GN 03307

Part B number 1 Change word OCRO to OCO

Part C Evidence number 9. place hypen between the words first-hand

RM 03812.003 Examining, Processing and Disposing of Earnings Disagreement Cases Not Meeting Informational Requirements

Part B If the evidence requirements D.4.b.3 NOTE: change word OCRO to OCO

RM 03812.005 Examining, Processing and Disposing of Earnings Disagreement Cases Meeting Informational Requirements

Part C Match the EIN- change word DEEA to DEBS

Part C.2.a. remove "office in DCC I or DCC II"

Part D If the correspondence - remove letters ff from RM 02200ff and remove RM 02500ff Sentence should read, P If the correspondence is from the employer, process per applicable instructions in RM 02200 for adjustment or for reinstating earnings.

RM 03812.010 Only Lag Earnings Alleged

Part B. 2. Remove numbers 1. and 2.

Part B. 3 If the earnings... add "an Earnings Disagreement" before the acronym (ED)

RM 03812.012 Potential Claim Involved

Part C.2.c. NOTE: replace SSA-7014 C1 with SSA-1826

RM 03812.013 Benefit Estimate Requested

Part B replace SSA-7014 C1 with SSA-1826

Part B. Note: replace At the present time with Currently and replace SSA-SSA-7014 C1 with SSA-1826

RM 03812.022 <Quote>No APP</Quote> Case

A. Remove DEC and replace with DEBS

A.1. Remove DEC and replace with DEBS and remove per RM 02000ff

Remove from B "and apply the following instructions for filing and routing of the claims related material":

Remove all of 4. Mark the following regular claims material for immediate destruc

New B will start with Apply the instruction in "1" above to the "No app"...

New C will start with Stamp the remainder of the material for permanent filing, including Form SSA-721, Statement of Death by Funeral Director.

 

RM 03812.028 Multiple Postings for the Same Employer and Period

Remove from C. Prepare Form SSA-5533 U4

Add to C. Earnings Disagreement (ED)

RM 03812.029 Copy of Employer's Missing Earnings Report or Page(s) Received With the Incoming Correspondence

B. Remove the words "office in DCC I or DCC II "

RM 03812.030 Statement of Earnings Needed for the Reply

A. Remove Prepare typed SSA-7014 C1 from and use Obtain

B. Remove SSA-7014 C1

 

RM 03812.001 Controlling, Assembling and Assigning Earnings Disagreement Cases

  1. A. 

    Include in this category all cases classified as “DI” for the electronic control system.

  2. B. 

    Place on the electronic control system.

  3. C. 

    Request an MEF printout.

  4. D. 

    If all or part of the period(s) in question involves wages prior to 1978, request an SSA-1826, Itemized Statement of Earnings in addition to an MEF printout. Apply the procedures in RM 03803.007.C.

  5. E. 

    Assemble all related material and forward within the module for assignment.

RM 03812.002 Informational Requirements

  1. A. 

    General - The NH's assigned SSN, name of employer or Employer Identification Number (EIN), period of alleged disagreement, evidence of earnings for the period of alleged disagreement and a properly signed request are generally required to initiate an investigation of the earnings record.

  2. B. 

    Signature - Consider that a request for investigation of the earnings record is properly signed if the signature requirement is met or one of the following conditions applies:

    1. 1. 

      The individual returned an earnings statement (original or photocopy) furnished by OCO, or

    2. 2. 

      The individual's request was received with an SSA request for correct identifying information, or

    3. 3. 

      An original copy or certified copy of Form W-2 is attached to a request for correction of the earnings record.

  3. C. 

    Evidence - The following types of evidence are acceptable to initiate an earnings record investigation:

    1. 1. 

      A Form W-2 (Withholding Tax Statement) or W-2C (Statement of Corrected Income and Tax amounts).

    2. 2. 

      Any other statement signed by the employer or signed by the custodian of the employer's records.

    3. 3. 

      In cases of alleged self-employment income, a copy of Form 1040, Schedules C, F and SE, and proof that the return was filed within 3 years, 3 months and 15 days of the end of the taxable year at issue.

      The above (1, 2 and 3) are considered primary (preferred) evidence. If the individual provides a reasonable explanation as to why preferred evidence is not available, the types of evidence shown in 4. -7. below may be provided.

    4. 4. 

      Pay envelopes, vouchers, and similar unsigned employer wage statements to the individual, a State agency, or Federal agency.

    5. 5. 

      Award letters or other notices provided the individual by a State Unemployment Compensation Agency based on information provided the Agency other than an employer's records.

    6. 6. 

      Union record of dues and wages paid the individual.

    7. 7. 

      An individual's copy of Federal, State, or Local income tax returns.

    8. 8. 

      The above (4-7) are considered secondary evidence of high probative value. If, however, the individual provides a reasonable explanation accounting for the unavailability of primary or secondary evidence, evidence of lower probative value (per 9-11 below) may be acceptable.

    9. 9. 

      Signed statements of co-workers or persons having first hand knowledge about wages paid or self-employment income received.

    10. 10. 

      Individual's personal records or account books made during the period(s) of his/her work.

    11. 11. 

      Other comparable evidence.

RM 03812.003 Examining, Processing and Disposing of Earnings Disagreement Cases Not Meeting Informational Requirements

  1. A. 

    If the SSN, period, name of employer or EIN or a properly signed request (as defined in RM 03812.002B.) is not furnished with the incoming correspondence, take the following actions:

    1. 1. 

      Establish a file for these cases.

    2. 2. 

      Prepare the necessary correspondence to the individual.

    3. 3. 

      Enclose a non-penalty return envelope and a blank Form SSA-7008.

    4. 4. 

      Release the case as soon as possible.

    5. 5. 

      Do not close the case on the electronic control system.

    6. 6. 

      Diary the case for 30 calendar days from the date entered on the correspondence. If:

      1. a. 

        The requested information is received before the expiration of the 30-day diary due date, process per applicable instructions in this subchapter.

      2. b. 

        The individual responds before the expiration of the 30-day diary due date, and alleges that he/she will be able to provide evidence within 30 days, re-diary the case an additional 30 calendar days. No correspondence is necessary.

      3. c. 

        The requested information is not received before the expiration of the applicable diary due date in a. or b. above, continue to process per 7. below.

    7. 7. 

      Prepare a closeout letter per RM 03803.071. Advise the individual that if the requested information is not received within 15 calendar days, an investigation will not be initiated.

    8. 8. 

      Diary the case for 15 calendar days from the date on the closeout letter. Do not close the case on electronic control system at this time. If:

      1. a. 

        The requested information is received before the expiration of the 15-day diary due date, process per applicable instructions in this subchapter.

      2. b. 

        The individual responds before the expiration of the 15-day diary due date, and alleges that he/she will be able to provide evidence within 30 days, re-diary the case an additional 30 calendar days. No correspondence is necessary.

      3. c. 

        The requested information is not received before the expiration of the applicable diary due date in a. or b. above, close the case on the electronic control system and dispose of all material per RM 03803.073.

  2. B. 

    If the evidence requirements cited in RM 03812.002C are not met, a limited investigation (per applicable instructions in C.-D. below) may be initiated if one of the following exceptions applies:

    1. 1. 

      The worker or self-employed person alleges that the earnings for a specific employer or self-employment income posted to his/her MEF are more than what they should be and signs a statement disclaiming the excess earnings (this usually occurs when another person's earnings have been erroneously reported to the worker's or self-employed person's MEF); or

    2. 2. 

      Good cause exists for the individual's inability to produce supporting evidence and SSA has reason to believe its assistance would be productive in obtaining such evidence. In this context, “good cause” means that, in SSA's judgment, there is a creditable explanation of why primary and secondary evidence is unavailable and the individual has made reasonable efforts to obtain such evidence without success. This includes situations when there is reason to believe that employer records are available, but the employer refuses to provide the requested evidence. Assume the employer's records are available for any year that is within 4 years of the date the W-2 should have been filed. SSA will attempt to contact the employer and may subpoena the employer's records, if necessary (see RM 03870.008B.2. for development guidelines); or

    3. 3. 

      There is no entry on the MEF for the individual for a specific employer and

      • There is an allegation by the worker that FICA taxes were withheld from his or her earnings or it seems clear that the earnings were covered but the worker and the employer cannot provide evidence (it is expected that the worker has contacted the employer, and the employer has given a creditable explanation as to why no evidence is available), and

      • SSA records show that the employer filed a FICA wage report for the period in question, and

      • The individual provides the following information:

        1. a. 

          the employer's name and location (city and state)

        2. b. 

          the period involved

        3. c. 

          the approximate amount of earnings

        4. d. 

          the SSN and name the NH believes was used by the employer to report the earnings

    4. 4. 

      As required under the consent order and judgment in Rivera v. Heckler, CA. No. K 74-236 CA 8 (W.D. Mich., S.D. 1983), the individual is a migrant farmworker whose agricultural employer did not file proper Federal Insurance Contributions Act (FICA) wage reports.

      NOTE: In all cases where an individual requests correction of an earnings record, a decision to grant or deny the request will be made only after reviewing all the evidence submitted by the individual or developed by SSA during its investigation. The initial determination, which may be appealed by the individual, will be made on the basis of the available information, generally within 3 years of the date the request is filed.

  3. C. 

    If the exception in B.1. above applies and the requirements in RM 03816.016.B are:

    1. 1. 

      Met, take the following actions:

      1. a. 

        Transfer the earnings to suspense per RM 03816.021A.

      2. b. 

        Prepare a closeout letter per RM 03803.071.

      3. c. 

        Close the case on the electronic control system.

      4. d. 

        Dispose of all material per RM 03803.073.

    2. 2. 

      Not met, process per instructions in RM 03816.016.C

  4. D. 

    If the exception in B.2, B.3, or B.4 above applies, process as follows:

    1. 1. 

      Check the MEF printout to determine if the alleged earnings are posted and to verify all other identifying information. If the earnings are:

      1. a. 

        Posted, close the case per applicable procedure in this chapter.

      2. b. 

        Not posted and the SSN appears incorrect, process per A.1. - A.8. above.

      3. c. 

        Not posted, the SSN is correct and only the employer's name has been provided, continue to process per 2.-3. below.

      4. d. 

        Not posted, the SSN is correct and the EIN has been provided, continue to process per 3. below.

    2. 2. 

      Scout the employer alpha file to obtain an EIN. If an EIN is:

      1. a. 

        Located, continue to process per 3. below.

      2. b. 

        Not located, process per A. above.

    3. 3. 

      Scout the REL to determine if the employer filed a report. If the EIN:

      1. a. 

        Appears on the REL, continue to process per 4. below.

      2. b. 

        Does not appear on the REL:

        1. 1. 

          Prepare a closeout letter per RM 03803.071.

        2. 2. 

          Close the case on the electronic control system.

        3. 3. 

          Dispose of all material per RM 03803.073.

    4. 4. 

      Scout to the suspense file. If the earnings:

      1. a. 

        Appear in the suspense file:

        1. 1. 

          Reinstate them to the correct earnings record.

        2. 2. 

          Prepare a closeout letter per RM 03803.071.

        3. 3. 

          Close the case on the electronic control system.

        4. 4. 

          Dispose of all material per RM 03803.073.

      2. b. 

        Do not appear in the suspense file and the case was received through the FO:

        1. 1. 

          Prepare a closeout letter per RM 03803.071. Advise the individual that no further action can be taken unless additional evidence can be obtained.

        2. 2. 

          Close the case on the electronic control system.

        3. 3. 

          Dispose of all material per RM 03803.073.

          NOTE: Generally, if a case has been received through the FO, it can be assumed that all efforts to obtain evidence have been pursued before the case was forwarded to OCO for processing. However, if the material associated with the case suggests incomplete development to obtain evidence, do not apply the instructions in D.4.b. above. Instead, redevelop the case through the FO per RM 03803.055.

      3. c. 

        Do not appear in the suspense file, the case was not received through the FO, and the exception in B.2. above applies, contact the employer per the instructions in RM 03803.053.

      4. d. 

        Do not appear in the suspense file, the case was not received through the FO, and the exception in B.3. above applies, take the following action:

        1. 1. 

          Prepare a closeout letter per RM 03803.071. Advise the individual that no further action can be taken unless additional evidence can be obtained.

        2. 2. 

          Close the case on the electronic control system.

        3. 3. 

          Dispose of all material per RM 03803.073.

      5. e. 

        Do not appear in the suspense file, the case was not received through the FO, and the exception in B.4. above applies, develop the case through the FO per RM 03803.055.

  5. E. 

    If evidence per RM 03812.002C has not been submitted, an SSA-7008 has not been completed and no information is furnished to determine if an exception per B. above applies, process per A.1 - A.8. above.

  6. F. 

    If evidence per RM 03812.002C has not been submitted, an SSA-7008 has been completed and no exception per B. above applies:

    1. 1. 

      Prepare a closeout letter per RM 03803.071. Advise the individual that no action can be taken unless additional evidence can be obtained.

    2. 2. 

      Close the case on the electronic control system.

    3. 3. 

      Dispose of all material per RM 03803.073.

      NOTE: If insufficient information is supplied on the Form SSA-7008 to determine if an exception in B. above applies, assume that no exceptions are applicable.

RM 03812.005 Examining, Processing and Disposing of Earnings Disagreement Cases Meeting Informational Requirements

  1. A. 

    General instructions applicable to the handling, processing and disposition of earnings disagreement, earnings discrepancy and scrambled wage cases are contained in RM 03803. Exceptions to the general processing instructions, which consist of specific conditions pertinent to earnings disagreement cases, are summarized in this subchapter.

  2. B. 

    Check the MEF printout to determine if the alleged earnings are posted and to verify all other identifying information. If the earnings are:

    1. 1. 

      Posted, close the case per applicable procedure.

    2. 2. 

      Not posted and the SSN appears incorrect, process per RM 03812.003 A.1. - A.8.

    3. 3. 

      Not posted, the SSN is correct and only the employer's name is provided, scout to obtain an EIN per RM 03809.009. If the EIN is:

      1. a. 

        Not located, process per RM 03812.003 A.1.-A.8.

      2. b. 

        Located, continue to process per C. - F. below.

    4. 4. 

      Not posted, the SSN is correct and the EIN has been provided, continue to process per C. - F. below.

  3. C. 

    Match the EIN to the latest Employer Report Listings (Part I “Status of Sensitive Employer Reports In Process,” Part II “Status of Sensitive Employer Reports Now Corrected,” and Part III “Status of Apparent Lost Reports”) received from DEBS. If the EIN:

    1. 1. 

      Appears on the Part I Listing and a date appears in the “Post Run” column:

      1. a. 

        Do not scout or prepare/process any adjustment to the earnings record.

      2. b. 

        Prepare a closeout letter per RM 03803.071.

      3. c. 

        Close the case on the electronic control system.

      4. d. 

        Dispose of all material per RM 03803.073.

    2. 2. 

      Appears on the Part I Listing, no date appears in the “Post Run” column, and the “Location” column contains the words “RESUB REQ, LOST, LOST RETURN, LOST SUSP PEND, INVESTIGATE:”

      1. a. 

        Prepare a Question/Problem referral form and forward to the appropriate office.

      2. b. 

        When the referral form is returned, process per the instructions furnished on the form and the applicable instructions in this subchapter.

    3. 3. 

      Appears on the Part I Listing, no date appears in the “Post Run” column but the “Location” column contains a remark other than that shown in 2. above, process per 1.a. - 1.d. above.

    4. 4. 

      Appears on the Part II Listing and the individual's earnings are not posted (as reflected on the MEF/SSA-1826 printout), request all scouting per RM 03803.028 and RM 03809 and take any necessary corrective action. If scouting reveals earnings are not posted for other individuals, process per C.2.a. and b. above.

    5. 5. 

      Appears on the Part III Listing, and no date appears in the “Post Run” column, or a date is shown in the “Post Run” column which is later than the date shown on the listing, process per 1.a - 1.d above.

    6. 6. 

      Appears on the Part III Listing, a date is shown in the “Post Run” column which is earlier than the date shown on the listing, and the individual's earnings are not posted (as reflected on the MEF/SSA-1826 printout), request all scouting per RM 03803.028 and RM 03809 and take any necessary corrective action. If scouting reveals earnings are not posted for other individuals, process per C.2.a. and b. above.

    7. 7. 

      Does not appear on any of the Problem Employer Report Listings, continue to process per D. - F. below.

  4. D. 

    If the correspondence is from the employer, process per applicable instructions in RM 02200 for adjustments or for reinstating earnings.

  5. E. 

    If the case involves one of the conditions in RM 03812.010 - 030, process per instructions in the applicable section.

  6. F. 

    If neither of the conditions in D. - E. above applies, continue to process the case per general instructions in RM 03803.

RM 03812.010 Only Lag Earnings Alleged

A. Current Calendar Year Earnings Questioned

  1. 1. 

    If no valid reason is given for questioning the earnings record, explain the lag period and ask the NH to request an earnings statement after the earnings should be posted. Form SSA-L1127 is often acceptable for this purpose.

  2. 2. 

    If the NH gives a valid reason for questioning the earnings record, explain the lag period and ask the NH to wait until February of the following year to determine if a Form W-2 is received. Further advise the NH that:

    1. a. 

      If a Form W-2 is received, an earnings statement should be requested after the earnings should be posted.

    2. b. 

      If Form W-2 is not received, the local Social Security office should be contacted and requested to provide a correction of the earnings record.

      NOTE: The following are examples of valid reasons for questioning lag earnings:

      1. 1. 

        The employer did not ask for the employee's SSN.

      2. 2. 

        The employer did not withhold Social Security contributions.

      3. 3. 

        The employer did not provide a Form W-2 or furnished a W-2 with incorrect information (only valid after January 31 of the year following the year being questioned).

B. Preceding Calendar Year Earnings Questioned

  1. 1. 

    If no valid reason is given for questioning the earnings record, explain the lag period and ask the NH to request an earnings statement after the earnings should be posted. Use Form SSA-L1127 or similar language in a dictated letter.

  2. 2. 

    If the earnings record is questioned because the Form W-2 showed an incorrect SSN, determine if sufficient Unsolicited Reinstating Information (URI) is furnished to prepare a lag reinstatement. If sufficient URI is:

    1. a. 

      Furnished, take the following actions:

      1. 1. 

        Use Form SSA-L1123 to reply to the NH or use similar language if a dictated letter is necessary.

    2. b. 

      Not furnished, explain the lag period and ask the NH to request an earnings statement after the earnings should be posted. Use the Form SSA-L1127 or similar language in a dictated letter.

      NOTE: Sufficient URI consists of the EIN, the reported SSN, the reported surname, the year of earnings, the correct SSN and the correct surname.

  3. 3. 

    If the earnings are questioned because the NH does not believe the employer will report his/her earnings and the NH did not receive a Form W-2, establish an earnings disagreement (ED) case and request development by the field office (FO). The FO should secure primary and, if necessary, secondary evidence. The FO should also question the employer about why the NH believes earnings will not be reported (e.g., ask the employer why he/she did not furnish the NH a Form W-2). Upon receipt of the FO development:

    1. a. 

      Review the case.

    2. b. 

      Prepare an initial determination.

    3. c. 

      Prepare any adjustment to the earnings record required by the determination.

    4. d. 

      Notify the NH of the initial determination and include the reconsideration paragraph.

RM 03812.012 Potential Claim Involved

  1. A. 

    Review all related case material to determine if any of the following conditions exist:

    1. 1. 

      The NH expresses an intent or desire to apply for disability benefits.

    2. 2. 

      The NH is age 61 and 8 months or older, and expresses an intent or desire to apply for benefits.

    3. 3. 

      The inquirer advises that the NH is deceased.

  2. B. 

    If the case meets one of the conditions in A above:

    1. 1. 

      Scout for the alleged earnings per RM 03803.028 and RM 03809.

    2. 2. 

      Request a certified earnings record (SSA-794 C1). This action should be taken whether or not there is an unresolved coverage issue or a discrepancy between alleged and reported wages.

    3. 3. 

      Do not prepare an earnings determination even if all necessary evidence is attached.

    4. 4. 

      Upon receipt of the certified earnings record, route all related material to the servicing FO per RM 03803.011.

  3. C. 

    If the case does not meet one of the conditions in A above, but NH is age 61 and 8 months or older:

    1. 1. 

      Handle as a regular disagreement case and prepare a closeout letter or initiate an ED as appropriate per RM 03803.

    2. 2. 

      Include the following in each closeout letter sent in “completed” disagreement cases:

      1. a. 

        A statement as to the NH's insured status.

      2. b. 

        If the NH is insured, include a statement that he/she is eligible to apply for social security benefits and may wish to get in touch with his/her social security office.

      3. c. 

        If the NH is not insured, include a statement that even though he/she does not yet have enough quarters of coverage to be eligible for benefits, his /her social security office will be glad to discuss the requirements with him /her.

        NOTE: If the MEF printout reflect less than 40 quarters of coverage, it will be necessary to request an SSA-1826 before the information in C.2. above can be provided. Refer to RM 03812.013B for a detailed explanation of this requirement.

RM 03812.013 Benefit Estimate Requested

  1. A. 

    Consider a case to be a benefit estimate case where a NH, regardless of age, asks how much money he/she will get from social security when he/she retires, or asks some similar question.

  2. B. 

    Request an updated SSA-1826, Social Security Summary Statement of Earnings, (if not previously associated with the case) to obtain accurate QC information.

    NOTE: Accurate QC information must be provided to the FO for all benefit estimate cases. At the present time, the QC information displayed on the MEF or SSA-1826 printout is incomplete. Since the QC totals on an SSA-1826 are accurate, the form must be requested to ensure that correct information is provided.

  3. C. 

    Request scouting per RM 03803.028 and RM 03809.

  4. D. 

    Upon completion of all scouting, determine if the case is “incomplete” per RM 03803.022 or “complete” per RM 03803.013 If the case is:

    1. 1. 

      Incomplete, take the following actions:

      1. a. 

        Correct the summary earnings record portion of the MEF or SSA-1826 printout by lining through the affected annual earnings totals and QC information, and entering the new figures based on any additional amounts located in suspense, transferred, etc.

      2. b. 

        Enter “Benefit Estimate” at the top of the page.

      3. c. 

        Place the summary earnings portion in front of the MEF or SSA-1826 printout.

      4. d. 

        Initiate an ED, and handle as appropriate per RM 03803.

    2. 2. 

      Complete, take the following actions:

      1. a. 

        Prepare an undated closeout letter per 03803.071 disregarding the request for a benefit estimate.

      2. b. 

        Note the file copy of the closeout letter to show that the FO has been requested to furnish a benefit estimate and to give our letter to the individual.

      3. c. 

        Prepare a copy of the incoming correspondence and the MEF or SSA-1826 printout(s).

      4. d. 

        Correct the annual earnings totals and QC information on the summary earnings record portion of the MEF or SSA-1826 printout(s) based on any additional amounts located in suspense, transferred, etc.

      5. e. 

        Place the summary earnings record portion in the front of the MEF or SSA-1826 printout(s).

      6. f. 

        Forward the closeout letter, copy of the incoming correspondence, and the MEF or SSA-1826 printout(s) to the servicing FO under cover of an OF-41 requesting that a benefit estimate be furnished, and that our letter be dated and given to the NH.

      7. g. 

        Send the original of the incoming and the copy of the MEF or SSA-1826 printout(s) together with the official file copy of our letter, to the files for 4-year filing.

RM 03812.022 No APP Case

  1. A. 

    “No APP” cases generally consist of claims related material for which a claim for benefits has not been pursued. This material is received in DEBS from the field or other claims component within central office. When these cases are received, examine the case material to determine if an earnings or coverage issue exists which requires handling under this procedure. If the case:

    1. 1. 

      Does not involve an earnings or coverage issue or was referred to DEBS in error (i.e., no allegation of error in the earnings record), return the case to the sender. Annotate the OF-41 to indicate that no further action is required and the material is being returned for proper disposition.

    2. 2. 

      Does involve an earnings or coverage issue, apply the procedure in RM 03812.005.

  2. B. 

    Apply the instruction in 1 above to the No app material involving a disability action, unless the material contains medical evidence such as statements from doctors or other individuals, or statements from social security offices concerning an individual's health. Mark any material containing medical evidence for permanent filing.

  3. C. 

    Stamp the remainder of the material for permanent filing, including Form SSA-721, Statement of Death by Funeral Director.

RM 03812.028 Multiple Postings for the Same Employer and Period

  1. A. 

    If the earnings record information associated with the case does not indicate that the multiple postings were offset, ensure that scouting has been completed per RM 03809.004 before initiating any development with the FO.

  2. B. 

    If the case can be considered “complete” per RM 03803.013 or an internal correction for the period in question has been made, prepare a closeout letter per RM 03803.071.

  3. C. 

    If the case can be considered “incomplete” per RM 03803.022, initiate an Earnings Disagreement (ED) for FO development and per RM 03803.055 to include the following information:

    1. 1. 

      Explain that the wages on our records do not agree with the NH's allegation because of multiple postings from the same employer for the same period.

    2. 2. 

      Request a signed statement from the employer for the NH showing the correct wages for each period in question.

    3. 3. 

      Ask the FO to resolve the reporting problem, if possible. Include totals of each report.

RM 03812.029 Copy of Employer's Missing Earnings Report or Page(s) Received With the Incoming Correspondence

Process cases which are “incomplete” because wages are missing and the case includes a copy of the employer's missing earnings report or page(s) as follows:

  1. A. 

    Do not scout or prepare/process any adjustment to the earnings record.

  2. B. 

    Forward photocopy of case to the appropriate analyst in via Question/Problem Referral Form.

  3. C. 

    Process case per instructions furnished on Question/Problem Referral Form.

  4. D. 

    Prepare closeout letter per RM 03803.071.

  5. E. 

    Close case on the electronic control system.

RM 03812.030 Statement of Earnings Needed for the Reply

When the NH has requested that a revised statement of earnings be furnished upon resolution of the disagreement and the NH has not received a prior statement on which the current allegation is based, take one of the following actions:

  1. A. 

    Obtain information provided on the MEF or SSA-1826 printout(s) plus any reinstated earnings or,

  2. B. 

    Request an electronic generated notice to include any reinstated earnings.


RM 03812 TN 1 - Disagreements - 10/14/2020