The field office (FO) will send an EAP denial notice if the claimant does not meet all requirements in GN 03107.100C.1 for Title II or SI 04060.010C.1 for Title XVI. The notice should include a dictated paragraph giving the reason SSA cannot grant the EAP request. For an example of a dictated paragraph that provides the reason SSA cannot grant the EAP request, see NL 00703.471B.3 in this section.

NOTE: Include the address of the servicing hearing office where the claims folder was sent in the notice. Do not add an appeal paragraph as denying the use of EAP is not an initial determination.

For more information on FO responsibilities when EAP is denied, see GN 03107.150B.2.b.

1. 1. 

   Sample - Exhibit notice

   You will not be able to use the expedited appeals process (EAP) which you requested. The rest of this notice will explain why you will not be able to use the EAP and what will happen to *F1 case next.

   Why We Cannot Approve *F2 Request

   (Provide a dictated paragraph giving the reason SSA cannot grant the EAP request. For more information on the EAP requirements, see GN 03107.100C.1 for Title II or SI 04060.010C.1 for Title XVI. For dictated paragraph example, see NL 00703.471B.3 below.)

   What Happens Next

   We will process your request for review using our regular rules because you cannot use the EAP. We will send *F3 case to the servicing hearing office for a review which is called a hearing.

   We are sending *F4 case to:

   *F5

   How A Hearing Works

   A person who has not seen *F6 case before will look at it. That person will be an Administrative Law Judge (ALJ). The ALJ will consider the issue(s) you raise, the evidence in the file, and any additional evidence you provide.

   You will receive an acknowledgement of your hearing request which will give you more information about the hearing process.

   Suspect Social Security Fraud?

   If you suspect Social Security Fraud, please visit https://oig.ssa.gov/report or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

   Need more help?

   1. Visit www.ssa.gov for fast, simple, and secure online service.

   2. Call us at 1-800-772-1213, weekdays from 8:00 am to 7:00 pm. If you are deaf or hard of hearing, call TTY 1-800-325-0778. Please mention this letter when you call.

   3. You may also call your local office at *F7.

   *F8

   How are we doing? Go to www.ssa.gov/feedback to tell us.

2. 2. 

   Fill-in choices

   *F1-1 your

   *F1-2 Client Name possessive

   *F2-1 your

   *F2-2 Client Name possessive

   *F3-1 your

   *F3-2 Client Name possessive

   *F4-1 your

   *F4-2 their

   *F5-1 the address of the serving hearing office where the case will be sent

   *F6-1 your

   *F6-2 Client Full Name possessive

   *F7-1 Local FO’s phone number

   *F8-1 Local FO’s address

3. 3. 

   Example - Dictated paragraph giving the reason SSA cannot grant the EAP request

   The dictated paragraph example does not encompass all possible situations. The technicians must review all the details of each individual case to determine the appropriate actions and provide the appropriate dictated paragraph.

   Example: The FO technician receives the written EAP request of a Title II issue. The technician follows instructions in GN 03107.150B.2 to ensure that the claim meets all requirements in GN 03107.100C.1 for using the EAP. The technician determines that the claim does not meet all of the requirements because SSA has not made a reconsideration determination. The technician follows instructions in GN 03107.150C.1 and explains to the claimant that the claim must be pursued at least through the reconsideration level before the claimant may submit an EAP request. However, the claimant still insists on filing for EAP request. The FO technician will follow instructions in GN 03107.150B.2.b and advise the claimant by written notice using the notice template E3471 in DPS that EAP does not apply and provide the dictated paragraph giving the reason SSA cannot grant the EAP request that states the following:

   "Section 404.924 of the Code of Federal Regulations provides, you may use the EAP if all of the following requirements are met:

   1. a. 

      We have made an initial and a reconsideration determination;

   2. b. 

      You are a party to the reconsideration determination;

   3. c. 

      You have submitted a written request for the EAP;

   4. d. 

      You have claimed, and we agree, that the only factor preventing a favorable determination or decision is a provision in the law that you believe is unconstitutional; and

   5. e. 

      If you are not the only party, all parties to the determination or decision agree to request the expedited appeals process.

   On July 10, 2023, we sent you a notice to tell you about our decision on your claim. The notice explained that if you disagree with the decision, you have the right to appeal, and the request for reconsideration is the next step in the appeals process. On August 8, 2023, you filed the written EAP request before a reconsideration determination made. We explained to you that the claim must be pursued at least through the reconsideration level before you may submit an EAP request. However, you still insisted on filing the EAP request. Since we have not made a reconsideration determination which is one of the requirements for using the EAP, we cannot grant your EAP request."

   For more information on FO and RO responsibilities when a claimant does not wish to pursue the EAP further, see GN 03107.150D.3 and GN 03107.250B.4.