If the RO receives the EAP request and other pertinent documents from the FO and is satisfied that the claim meets the criteria for the EAP in GN 03107.100C.1, the RO will prepare the EAP agreement, which provides:

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  A summary of the facts and a statement that the facts in the claim are not disputed;

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  A statement that the sole disputed issue is whether a provision of the Act that applies to the claimant’s case is unconstitutional;

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  A statement that, except for the claimant’s belief that a provision of the Act is unconstitutional, the claimant agrees with SSA’s interpretation of the law;

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  A statement that the claim would be allowed if the provision of the Act that the claimant believes is unconstitutional were not applied to the case; and

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  A statement that SSA agrees to treat the reconsideration determination as the Commissioner’s final decision for the purpose of seeking judicial review.

After the RO prepares the EAP agreement, the RO will forward the agreement and other pertinent documents to the Office of the General Counsel (OGC) at ^OGC OPL Controls for review. OGC will review the EAP request and confirm that the claim satisfies the EAP requirements.

If OGC confirms the claim satisfies the EAP requirements, OGC will return the agreement to the RO. The RO will forward the agreement to the FO, along with a cover memorandum instructing the FO to make two copies of the agreement, obtain the claimant’s signature on both agreements, and to return both original signed agreements within 30 days. For more information on FO responsibilities to obtain the claimant’s signature on the EAP agreement, see GN 03107.150D.1.

If the claimant objects to the wording of the agreement, the FO will immediately (within 10 days) report this to the RO and include any alternative language the claimant proposes. The RO will:

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  Review the alternative language and consider whether to adopt it.

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  Contact the claimant (by phone if possible) if the alternative language is not adopted. The RO will:

  - Explain why the alternative language was not adopted,

  - Use the SSA-5002 (Report of Contact) to document the explanation provided to the claimant, and

  - Retain a copy of the SSA-5002 in electronic folder, such as eView or the Evidence Portal (EP), whichever is appropriate.

a. If the claimant agrees to sign the EAP agreement, the RO will offer the claimant another opportunity to sign the agreement.

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  If the alternative language was not adopted, the RO will send to the FO the explanation of why the alternative language was not adopted, along with an instruction requesting the FO to make two copies of the previously-sent agreement, obtain the claimant’s signature on both agreements, and return them to the RO within 30 days.

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  If the EAP agreement is revised, the RO will forward the revised agreement to the FO, along with a cover memorandum instructing the FO to make two copies of the revised agreement, obtain the claimant’s signature on both revised agreements, and to return them within 30 days.

  For more information on FO responsibilities to obtain the claimant’s signature on the EAP agreement, see GN 03107.150D.1.

b. If the claimant still refuses to sign the agreement after the RO explains why the alternative language was not adopted, or if the claimant refuses to sign the revised agreement, or if the RO and the claimant are unable to agree to the alternative language, the RO will:

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  Explain to the claimant that SSA will mail a closeout notice to the claimant, and the claimant must either sign the EAP agreement or request a hearing within 30 days of receiving the notice, or no further appeal will be available. The period will be extended if the claimant shows good cause for missing the deadline. For more information on good cause for extending the time limit to file an appeal, see GN 03101.020. SSA presumes that the claimant receives the notice five days after SSA mails it;

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  Explain to the claimant that the reconsideration determination will become the final determination in the case;

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  Using an SSA-5002 (Report of Contact), document the above explanation, the claimant's acknowledgement, and the claimant's refusal to sign the agreement as prepared;

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  Retain a copy of the SSA-5002 in the electronic folder, such as eView or EP, whichever is appropriate, and

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  Send a closeout notice to the claimant and any appointed representative, with a copy to the FO, canceling the EAP request. For closeout sample language, see NL 00703.475.

If the claimant informs the RO directly that the claimant no longer wishes to pursue EAP before all parties sign the agreement, the RO will notify the FO and forward pertinent documents to the FO with instruction to follow GN 03107.150D.3, canceling the EAP request.

After the FO takes appropriate actions outlined in GN 03107.150D.3, the FO will notify the RO. The RO then stores pertinent documents but takes no further action.

a. If the FO returns two copies of the claimant's signed agreement to the RO, the RO will:

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  Submit one copy of the original signed agreement and other pertinent documents to the OARO for DCARO signature:

  Social Security Administration

  Office of Analytics, Review, and Oversight

  Attention: Office of the Deputy Commissioner

  6401 Security Blvd, 2067 RMB

  Baltimore, MD 21235
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  Store the other copy of the original signed agreement in the RO's files.

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  Notify the OARO Front Office at ^DCARO Controls with “Expedited Appeals Process (EAP) Agreement” in the subject line that the EAP agreement packet is being mailed to them. Include the tracking number, if any.

  NOTE: The RO must confirm that OARO received the EAP agreement packet. If OARO does not receive the RO’s EAP agreement packet, the RO must re-send the other original signed agreement and pertinent documents to OARO.

b. If the FO informs the RO of the unsigned agreement:

The RO will make a last attempt to resolve the EAP request by sending a closeout notice to the claimant and representative, if any, with a copy to the FO. The closeout notice will advise the claimant that the claimant has 30 days from receiving the notice to either sign the EAP agreement or to request a hearing, or no further appeal will be available. For closeout sample language, see NL 00703.475. The period will be extended if the claimant shows good cause for missing the deadline. For more information on good cause for extending the time limit to file an appeal, see GN 03101.020. SSA presumes that the claimant receives the notice five days after the RO mails it.

If the claimant does not sign the EAP agreement or request a hearing, after 30 days from the closeout notice being sent, the RO stores pertinent documents but takes no further action.

After OARO receives the EAP agreement packet, OARO will confirm to the RO that the packet was received. The DCARO will sign the EAP agreement on behalf of the Commissioner. After DCARO signs the EAP agreement, OARO will mail a signed copy of the agreement to the claimant via certified mail. The signed copy of the agreement will constitute notice. The original signed agreement will remain with OARO pending commencement of the civil action.

OARO will forward a copy of the agreement signed by all parties to the RO for its files. Upon receipt, the RO will add a copy of the signed agreement to the electronic folder, such as eView or the EP, whichever is appropriate.

OARO will forward a copy of the agreement signed by all parties to the OAO Executive Director’s Office at ^DCARO.OAO with “Expedited Appeals Process (EAP) Signed Agreement” in the subject line.

After the claimant and SSA sign the EAP agreement, the reconsideration determination becomes the final decision of the Commissioner, subject to federal district court appeal. The claimant may file an action in a federal district court within 60 days of receiving notice that the EAP agreement was signed by SSA. Unless there is good cause for the delay, if the claimant does not file an action in federal court within those 60 days, the claimant will have no further appeal rights and the Commissioner’s decision is final.