RM 03870: Development of Earnings Records Inaccuracies
TN 12 (04-05)
A. Policy
Follow RM 03870.012 when the NH alleges a problem with earnings posted to his/her ER.
1. When to Complete
Request the NH to complete Form SSA-7008 when he/she alleges a problem with the earnings posted to his/her ER and:
The earnings cannot be readily located in Suspense and reinstated to the NH's earnings record; and
The DEQY, SEQY, etc. shows that the earnings for the year in question have not been credited or are incorrectly posted to the NH's earnings record.
The information provided by the NH is insufficient to initiate development and direct contact to resolve the issue is unsuccessful.
2. When Not to Complete
Do not have the NH complete an SSA-7008 if any of the limits on developing an ER issue exist as found in RM 03870.006A.1.
Do not have the NH complete an SSA-7008 if the NH provides sufficient identifying information concerning his identity, the years of earnings in question, etc.
B. Procedure
Mail the SSA-7008 to the NH for completion if the conditions in RM 03870.010A.1 apply. Input the information from the completed form SSA-7008 in ICOR. Destroy the SSA-7008.
1. Wages
If the NH alleges missing wages, the SSA-7008 should provide as much of the following information as possible:
Identifying information from the NH, names used, all SSNs used, current and prior addresses, telephone numbers, etc.
Whether the NH authorizes disclosure of his/her name to the employer(s) involved. SSA is not required by law to obtain permission to disclose the NH's name or SSN in order to resolve an ER problem; however, in some instances the NH may not wish to have his/her employer contacted because of fear of reprisal, etc. from the employer. (This is not uncommon in migrant farm worker situations, etc.) In such instances, if primary evidence is unavailable from the NH, make every effort to obtain other types of evidence to establish the earnings.
An accurate statement of the periods of employment, which also accounts for periods of unemployment due to layoffs, vacations, illnesses, etc. Omit any lag period employment. (If exact dates are not known, show “about” before date alleged.
A brief description of the type of employment.
The correct name, telephone number and present address of the employer for the period in question; the identity and location of the employer's establishment; the employer identification number (EIN) if known, and, if it is a multi-location employer, the establishment number, if any.
An accurate statement of the amounts of wages, which account for differences in wage rates and for periods of unemployment as explained above. If the NH is uncertain of a wage amount, ask for an approximate amount and for the basis for the approximation. Indicate if the employment was intermittent.
What evidence is submitted or if none is available, why.
Other pertinent information; e.g., the NH has evidence to support his/her allegations or a particular employer is no longer in business, etc.
2. Self-employment
If the NH alleges missing self-employment income, the SSA-7008 should provide as much of the following information as possible:
Name, address and telephone number of the NH and the name, address and telephone number of the business for the years in question.
An accurate statement of the amount of SEI and the time periods in question.
Whether the NH filed an income tax return reporting the self-employment income and, if appropriate, if IRS has been contacted for copies of the returns.
If copies of the self-employment tax return are unavailable, an explanation why.
3. Development
In addition to the SSA-7008, obtain the following:
A Numident for the NH's SSN. If a new SSN is being assigned the NH, process via SSNAP before changing the earnings.
A SEQY and/or DEQY to compare posted earnings with the NH's allegation.
Evidence of wages and/or self-employment income RS 01404.000-
RS 01404.005 and RS 01804.000).
If Form SSA-7008 (or similar statement) received by mail is incomplete or illegible, attempt to obtain the information from the NH by phone. If the NH cannot be contacted by phone, return the SSA-7008 (or forward a new SSA-7008) to the NH for completion.
If the evidence is insufficient and/or there is no explanation regarding the unavailability of evidence of higher probative value, obtain an explanation.
When the SSA-7008 reflects a name change, obtain the appropriate evidence and process via SSNAP. (RM 10210.001, RM 10212.001, RM 10205.001)
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