DI 23015.001:
Claimant Does Not Wish to Pursue Claim or Requests to Withdraw the Application
Effective Dates: 05/01/2014 - Present- Effective Dates: 07/06/2018 - Present
- TN 1 (04-14)
- DI 23015.001 Claimant Does Not Wish to Pursue Claim or Requests to Withdraw the Application
- When a claimant (or proper applicant on the claimant’s behalf) indicates that he or she does not wish to pursue a disability claim or submits a written request to withdraw a disability application, it is important to determine the claimant’s intent. Withdrawing the application could be more disadvantageous to the claimant than choosing not to pursue the claim. The following subsections provide the applicable processing instructions for the Disability Determination Services (DDS) when a claimant does not wish to pursue a claim or requests to withdraw an application.
NOTE: For additional information on the differences between a withdrawal and a disallowance, see Withdrawal vs. Disallowance in GN 00206.015.- NOTE: For additional information on the differences between a withdrawal and a disallowance, see Withdrawal vs. Disallowance in GN 00206.011.
- A. DDS procedures when a claimant does not wish to pursue a claim
- If a claimant indicates that he or she does not wish to pursue a claim, it may be preferable to “disallow” the claim, rather than to withdraw the application. Disallowing the claim allows the claimant to retain his or her appeal rights.
- 1. Claimant submits request not to pursue claim to the FO when a claim is in the DDS
- A claimant may notify the field office (FO) or the DDS that he or she does not wish to pursue a claim. If the claimant notifies the FO and the claim is in the DDS, the FO will notify the DDS by telephone. When the FO informs the DDS that the claimant does not wish to pursue the claim, discontinue development of the evidence and take the following actions:
- * Complete any pending development that does not require the claimant’s participation;
- * Document in the case development summary that the claimant does not wish to pursue the claim;
- * Prepare a determination based on the evidence in file, unless you are still waiting for medical evidence from a source other than the claimant;
- * Send the appropriate notice indicating the actual development actions taken:
- * the claimant did not wish to pursue the claim,
- * an explanation of the reason(s) for the determination, and
- * the claimant’s appeal rights.
- * Return jurisdiction of the electronic claim to the FO; or
- * Complete Form SSA-408 (Route Slip) and return the paper folder to the FO.
- 2. Claimant submits request not to pursue claim to the DDS
- When the claimant notifies DDS that he or she does not wish to pursue the claim, discontinue development of the evidence and take the following actions shown in DI 23015.001A.1.a. through DI 23015.001A.1.f. in this section.
- B. DDS procedures when a claimant requests to withdraw an application
- When a claimant requests to withdraw an application, instead of choosing not to pursue the claim, the claimant forfeits all rights flowing from the application. If the claimant files a new application, the new application might cover a later period than the withdrawn application. When the FO approves the claimant’s request to withdraw an application, the application is nullified and the decision to approve the withdrawal may not be appealed. However, a claimant may cancel an approved request to withdraw an application by filing a cancellation request within 60 days after the date of the approval notice.
- NOTE: If the claimant does not wish to pursue the claim, see instructions in DI 23015.001A in this section.
- 1. Claimant submits a withdrawal request to the FO when a claim is in the DDS
- When a claimant submits a written request to withdraw an application to the FO and the claim is in the DDS, the DDS receives an Update-After-Transfer alert in eView and takes the following actions:
- * do not initiate further development;
- * determine if pending development can be canceled to avoid unnecessary payment for evidence; or
- * complete any pending development that does not require the claimant's participation; and
- * do not prepare a determination; (for additional information see DI 11010.075);
- * close the claim with an “ND” (No Determination) decision code according to the electronic instructions in DI 81020.127, or the paper instructions in DI 32005.020; and
- * add a message to the electronic folder (according to the instructions in DI 81020.090). In the Remarks section, annotate “Withdrawal Request” or “Withdrawal Request-DIB Only” if the withdrawal request is limited to DIB only in a combined freeze-DIB case; and
- * return jurisdiction of the electronic claim to the FO; or
- * complete and attach Form SSA-408 (Route Slip) to the paper folder; and
- * return the paper folder to the FO.
- NOTE: In combined freeze and Disability Insurance Benefits (DIB) cases, an application withdrawal request may be limited to the DIB application. In this situation, complete development and adjudicate the freeze case, even if the claimant’s participation is necessary.
- 2. Claimant requests to withdraw an application when the claim is in the DDS
- If the claimant notifies the DDS that he or she would like to withdraw an application, determine if the claimant in fact wants to withdraw an application, or if the claimant does not want to pursue a claim. If the claimant does not wish to pursue the claim, see DI 23015.001A.
- If the claimant wants to withdraw an application, notify the claimant that he or she must submit a written request to the FO for approval. Continue processing the claim until the FO notifies the DDS of the approved withdrawal request.
- After receiving notification from the FO of the approved withdrawal request, take the actions shown in DI 23015.001B.1. in this section.
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