Effective Dates: 12/27/2024 - Present Previous | Next

TN 8 (12-24)

DI 23007.005 Contacting the Claimant, Appointed Representative, or Third Party in Claims Involving Failure to Cooperate and Insufficient Evidence

This section describes whom adjudicators must contact when a claimant does not comply with an initial request for evidence or action, or an initial notice of a consultative examination (CE) appointment. The instructions apply to initial and reconsideration cases using the adult sequential evaluation process (see DI 22001.001A). For a Title XVI disabled child (DC) case, see DI 25205.020. For a continuing disability review (CDR) case, see DI 28075.005.

A. Whom to contact when the claim does not require special handling

The Disability Determination Services (DDS) must contact (by telephone or by letter) the:

  • •

    Claimant when the claimant does not have an appointed representative (AR).

  • •

    Claimant and AR when the claimant has an AR, for contact by letter. For contact by telephone, call the AR unless the AR has given permission for direct telephone contact with the claimant (see DI 31001.010).

For whom to contact in a continuing disability review (CDR) case, see DI 28075.005B.

NOTE: When a claimant has a legal guardian, you must also contact the legal guardian whenever you are required to contact the claimant (see GN 00502.139).

REMINDER: An adult claim in which the claimant has an AR or a legal guardian does not require special handling, even if the claim falls into one of the special handling categories.

B. Whom to contact when the claim requires special handling

The DDS must contact (by telephone or by letter) the:

  • •

    Claimant, and

  • •

    Third party (as defined in DI 23007.001C).

You may make a reasonable effort to involve a third party at any point in the process, but you may not discontinue attempts to develop evidence requiring the claimant's cooperation until you make a reasonable effort to identify and involve at least one third party (see DI 23007.010).

For claims that require special handling, see DI 23007.001A.

For information on the third party, see DI 23007.001C.

For whom to contact in a Title XVI disabled child (DC) case, see DI 25205.020A.2.

For steps to confirm a CE with special handling, see DI 22510.019D.

IMPORTANT: You must make a reasonable effort to involve the third party from the current level of review. Do not use a third party from a prior folder or a prior appeal level.

1. Third party identified

a. Third party

When the claimant does not comply with your follow-up request for evidence or action, or does not confirm or misses the CE appointment, you must make a reasonable effort to involve the third party.

b. Additional third party

When the claimant does not comply with your follow-up request for evidence or action, or does not confirm or misses the CE appointment, and the claimant identified an additional third party on the appropriate forms, you must make a reasonable effort to involve the additional third party when the attempt with the other third party was not productive (i.e., consider a contact attempt to be unproductive when the third party refuses to assist the claimant or does not respond to our contact attempts within a minimum of 10 calendar days).

2. Third party not identified

When the claimant does not comply with your follow-up request for evidence or action, or does not confirm or misses the CE appointment, you must make a reasonable effort to identify one third party. When the claimant did not identify any third party and did not indicate they would not provide one, ask the claimant if it was their intent not to designate someone we can contact if they become unavailable and who can assist with their claim.

Do not attempt to identify any third party when:

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    The claimant selects "No" in Section 2 – "Contacts" on the SSA-3368 (Disability Report – Adult), or

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    The FO documents the claimant's refusal to provide an additional third party in the Remarks section of the SSA-3368, SSA-3441 (Disability Report – Appeal), or SSA-454 (Continuing Disability Review Report).

3. Third party revoked

When the claimant revokes their consent for us to contact any third party, DDS must:

  • •

    Attempt to obtain a new third-party contact,

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    Add the new third-party contact information in the Disability Case Processing System (DCPS), and

  • •

    Deactivate the revoked third-party contact in DCPS.

If the claimant lives at the same address and uses the same telephone number as the person we are no longer authorized to contact, ask the claimant if we may continue to contact them (the claimant) at the listed mailing address and telephone number, or if their own contact information needs to change.

Document the claimant's request not to contact the previously designated third party on an SSA-5002 (Report of Contact) and upload it to the certified electronic folder (CEF).

C. How to document your contact by telephone

IMPORTANT: If someone other than the claimant or one of the required contacts answers the phone, or if you leave a voicemail message, leave only enough information so they know to return the call. Do not disclose any unnecessary personal information about the claimant or their disability claim.

1. If you speak to someone

If you speak to one of the required contacts (see DI 23007.005), document the date and content of your conversation, and to whom you spoke, on an SSA-5002 or a Case Note in the Disability Case Processing System (DCPS), and "write to" the case development worksheet (CDW).

For information on what to include in your conversation, see DI 22505.014A.1.a.

2. If you leave a message

If you leave a message for the contact, document the date and content of your message, and with whom you left it, on an SSA-5002 or a Case Note in DCPS, and "write to" the CDW. You must also send the contact a call-in letter, following the instructions in DI 22505.014A.2

For information on what to include in your message, see DI 22505.014A.1.b.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0423007005
DI 23007.005 - Contacting the Claimant, Appointed Representative, or Third Party in Claims Involving Failure to Cooperate and Insufficient Evidence - 12/27/2024
Batch run: 12/30/2024
Rev:12/27/2024