TN 9 (09-21)

RM 03844.060 Preparing Coverage or Wage Issue Determination on Form SSA-553, Special Determination

1. A. 

   Special determinations are used to document coverage and wage issue decisions. Based on the facts and evidence associated with the case, the determination may be formal or informal. Refer to the procedures to determine which type of determination is applicable for each individual case.

   NOTE: For most earnings discrepancy cases, an informal determination will be acceptable.

2. B. 

   Prepare or revise all special determinations on a Form SSA-553 per GN 01010.310 through GN 01010.390. In addition to the instructions in the GN procedure, the following general rules should be applied to writing a complete and detailed justification of the decision:

   1. 1. 

      If more than one type of evidence has been submitted and such evidence is not in agreement as to amounts or periods of employment:

      1. a. 

         Refer to the evidence which has been rejected as well as to that which has been accepted.

      2. b. 

         Clearly state the reasons for accepting one type of evidence in preference to the other.

   2. 2. 

      If the secondary evidence of wages has been submitted, include the name of the individual furnishing the evidence, i.e., who made the statement, together with an explanation of the basis for the knowledge alleged.

   3. 3. 

      If personal records or receipts have been submitted, indicate whether they appear to be authentic, currently maintained, free from erasures, etc.

   4. 4. 

      If the determination is based on secondary evidence of wages:

      1. a. 

         Show why primary evidence is not available, or

      2. b. 

         Show why such evidence, if available, has not been accepted in preference to secondary evidence.

         EXCEPTION:

         Where there is payment “in kind”, primary evidence may be available but, in such cases, secondary evidence may be necessary in order to determine the value of the payment. If payment “in kind” is involved, the determination should state that the estimated value of such payment appears to be reasonable.

   5. 5. 

      If the statute of limitations or other specific limitations, e.g., limitations contained in General Counsel opinions or Policy Precedent Memorandums, are involved and:

      1. a. 

         Adjustments can be made for all periods, include the date the investigation was started in any determination where wages are deleted or included after the time limitation has expired.

      2. b. 

         Adjustments can only be made for some period(s):

         1. 1. 

            Specify the periods for which the records may be adjusted, and

         2. 2. 

            Cite the statute of limitations or other specific limitations as the reason earnings cannot be corrected for the remaining periods.

      3. c. 

         Adjustments cannot be made for any period(s), cite the statute of limitations or other specific limitations as the reason earnings cannot be corrected for the period(s).

3. C. 

   Follow instructions in GN 01010.360 for the signing, preparation of copies and distribution of special determinations.

4. D. 

   Prepare a closeout letter to the individual.

5. E. 

   Complete the disposition block of the ED folder to show the action taken.

6. F. 

   Prepare a card for the employer precedent file if the decision is of precedent value.

7. G. 

   Close the case on the electronic control system.