DI 51501.020:
Claimant Asks to Withdraw a Pending Appeal
Effective Dates: 11/01/2013 - Present- Effective Dates: 04/02/2018 - Present
- TN 2 (11-13)
- DI 51501.020 Claimant Asks to Withdraw a Pending Appeal
- NOTE: These instructions only apply in situations that involve subsequent disability applications.
- A. What the claimant needs to know about withdrawing an appeal
- If a claimant asks to withdraw his or her pending appeal, tell the claimant that he or she must:
- * submit a written request to withdraw the appeal; and
- * state in the request that he or she wishes to withdraw the appeal to file a new disability application.
- In addition, explain to the claimant that:
- * he or she may lose benefits or not qualify for benefits at all;
- * we do not approve all requests to withdraw an appeal;
- * we will process his or her new disability application only after we approve the request to withdraw the appeal; and
- * the decision on the prior claim will be the final decision, and he or she will not have the right to ask for further review of the decision.
- B. How to process a request to withdraw the appeal
- 1. Request for reconsideration
- Follow the instructions on withdrawing a request for reconsideration in GN 03102.200B.4., SI 04020.020B.10.e., and SI 04020.020C.4.
- NOTE: If the file is in the Disability Determination Services (DDS), notify the DDS to discontinue development of the evidence and return jurisdiction of the case to the FO.
- 2. Request for hearing
- Follow the instructions on withdrawing a request for a hearing in GN 03103.210 and SI 04030.020A.4.
- IMPORTANT: Do not accept a new disability application at the same time a claimant submits a withdrawal request. The administrative law judge must approve the withdrawal request by dismissing the request for a hearing before we can process a new application. For more information on dismissals, see SI 04030.020A.5. and SI 04030.020A.6.
- 3. Request for Appeals Council (AC) review
- Follow the instructions on withdrawing a request for an AC review in GN 03104.100C.6. and SI 04040.020C.5.
- Additional withdrawal instructions
- a. Electronic cases
- * Upload the withdrawal request into the electronic folder, and
* Send an email to |||ODAR OAO with “Withdrawal” in the subject line. Include the claimant’s name and Social Security Number (SSN) in the body of the email.- * Send an email to ^DCARO OAO with “Withdrawal” in the subject line. Include the claimant’s name and Social Security Number (SSN) in the body of the email.
- b. Paper cases
- For paper cases, fax the request to 1-703-605-7101.
- IMPORTANT: Do not accept a new disability application at the same time a claimant submits a withdrawal request. The AC must approve the withdrawal request by dismissing the request for AC review before we can process a new application.
- REMINDER: If the claimant submits additional evidence at any time, see DI 51501.015.
- C. Filing date for approved withdrawal requests
- For all levels of appeal, if the office with jurisdiction approves the claimant’s request to withdraw his or her appeal, the:
- * office with jurisdiction will notify the claimant; and
- * filing date for the new application will be the date the claimant requested withdrawal of the pending appeal.
- D. References
- * DI 51501.001 Procedural Change for Subsequent Disability Applications Effective July 28, 2011
- * DI 51501.010 Field Office Actions on Subsequent Disability Applications
- * DI 51501.025 Disposition of Subsequent Disability Applications
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