TN 9 (08-20)
The Rivera court decision requires the Social Security Administration to provide an initial determination for all disagreement, discrepancy, scrambled wage or IRS cases to the number holder (NH) within 3 years of filing Form SSA-7008 (Request for Correction of Earnings Record) or similar signed statement. The time frame for the 3-year period does not begin until SSA receives notice from an individual of possible error in his/her earnings record or SSA notifies an individual that it is reviewing on its own motion his/her earnings record for accuracy.
Use the following processing guidelines when applying time limits for initial determinations:
In all cases where the NH notified SSA of a problem with his/her earnings, whether by an SSA-7008 or similar signed statement, an initial determination must be made within 3 years of the receipt date by SSA.
In cases where SSA was notified by a third party, becomes aware of the problem internally, or discovers the earnings problem by any means other than the NH, the 3-year period begins with the date SSA first contacts the individual(s) involved to advise that we are reviewing the pertinent earnings record for accuracy.
The 3-year period may be extended to 3 years, 3 months and 15 days only if, at the end of the 3-year mark, SSA is awaiting a response to a specific request for additional evidence. However, an initial determination must be made within 3 years, 3 months, 15 days of receipt or notification as addressed in 1. and 2. above.
NOTE: SSA's policy goal is to complete earnings discrepancy development and make an initial determination in all cases within 6 months.