TN 2 (07-93)

A. Policy

CO is responsible for preparing the EAP agreement and for forwarding the signed EAP agreement with the claims folder to ODAR in anticipation of the civil action initiated by the claimant.

B. Procedure

1. Preparation of the “Agreement”

If CO is satisfied that the criteria for EAP are met, it will prepare the EAP “Agreement,” which covers the points mentioned in GN 03107.100D.1.d. The agreement will also identify and briefly refer to the content of the specific section of the Act which the claimant believes to be unconstitutional.

2. CO Sends Agreement to the FO

CO will forward the agreement under cover of a memorandum to the FO with instructions to obtain the claimant's signature on all three copies of the agreement and return it within 30 days.

The claims folder will remain in CO pending the return of the agreement.

3. Claimant Objects to Wording

If a claimant objects to the wording of the agreement, the FO (per GN 03107.150D.3.) will immediately report this to CO which will then:

1. Review the suggested language and consider whether to adopt it.

2. Contact the claimant (by phone if possible) if the suggested language is not adopted, and

   • Explain why it was not adopted, and

   • Offer the claimant another opportunity to sign the agreement.

If the claimant continues to refuse to sign the agreement, the CO will send a letter to him/her cancelling the EAP request.

4. Claimant Does Not Wish to Pursue

If the claimant no longer wishes to pursue EAP, then cancel the request. The last appeal determination is final in the case. When the EAP request is cancelled, no further appeal is available.

5. Agreement Returned to CO

Depending on whether the claimant has signed the agreement, CO will process the agreement as follows:

1. Agreement signed

   CO will submit the signed agreement to the appropriate SSA official who will sign it on behalf of the Commissioner.

   Pending the commencement of civil action, CO will then send the agreement and claims folder via a route slip to:

   Social Security Administration
   Office of Disability Adjudication and Review
   Attention: Office of Executive Director
   Suite 1400
   1 Skyline Tower
   5107 Leesburg Pike
   Falls Church, VA 22041-3255

   As a result of the claimant's and SSA's having signed the EAP agreement, the reconsideration determination or hearing decision, as appropriate, becomes the final determination or decision of the Secretary.

2. Agreement not signed

   If the FO returns the agreement unsigned, CO will make a last attempt by sending the claimant a closeout letter, which advises him/her that in 35 days from the receipt of the letter the reconsideration determination will become the final determination of the Commissioner unless the EAP agreement is signed or a hearing by an ALJ is requested.

   A claimant's failure to respond to the above letter cancels the EAP request.