TN 17 (10-11)

A. Introduction to notices requiring a TCA

A notice requiring a TCA exists when:

1. A personalized notice is required, but missing;

2. An incorrect notice was prepared;

3. The notice is otherwise unacceptable according to the best judgment of the quality reviewer; or

4. A special notice option (SNO) for individuals alleging blindness or a visual impairment is required and there is no evidence to show the adjudicating component honored the individual’s preference.

Quality reviewers use their best judgment based on current disability program policy to determine if the notice complies with that policy.

For a further explanation of a notice TCA, see DI 30005.233.

For instructions on determining if the adjudicating component honored a SNO preference, see GN 04440.030C.

B. Paper folder procedure for correcting notices

1. Notice contains a TCA

If the notice contains any of the TCAs explained at GN 04440.236A.1. or GN 04440.236A.2. in this section, correct the notice in the review component.

2. Notice is unacceptable

If the notice is unacceptable as described at GN 04440.236A.3. in this section, return the case to the adjudicating component for corrective action (unless the review component chooses to prepare a corrected notice).

If you choose to return the case:

• Prepare an SSA-847-U3 (SSA Request for Case Action);

• Ask the adjudicating component to correct the notice and release the case to the field office for effectuation of the determination; and

• Advise the adjudicating component that you are not charging a deficiency.

In addition, if in the judgment of the Office of Quality Review (OQR) field manager, the adjudicating component is frequently adjudicating cases with notice TCAs described in GN 04440.236A. in this section return the case to the adjudicating component to correct the notice TCA.

C. Certified electronic folder (CEF) procedure for correcting notices

1. Notice contains a TCA

If the notice meets the criteria in GN 04440.236A.1. or GN 04440.236A.2. in this section, you must prepare a corrected notice(s) or, if the review findings require a personalized notice, take the following actions:

• Manually prepare the new notice(s).

• Send the notice into the CEF using eForms in OQR’s legacy system, the DocSend utility, or by faxing. Refer to “Adding Documents to the certified electronic folder (CEF)” DI 81030.055.

• Annotate the incorrect notice “Do Not Release” in the note field in eView:

  • Selecting  the “Edit (Lock Case)” link in the top frame of eView to access Edit Mode;

  • Selecting the “Case Documents” tab;

  • Expanding Section B – Jurisdictional Documents/Notices (Red);

  • Locating the adjudicating component’s determination form to annotate and select the “Details” link. The Edit Document Information screen appears;

  • Entering the text “Do Not Release” in the Note field;

  • Selecting the “Unlock Case” link in the top frame to exit Edit Mode.

  NOTE: Do NOT move the adjudicating component's “Do Not Release” notice to Section C – Current Development/Temporary (Green).

2. Notice is unacceptable

If the adjudicating component prepared notice is unacceptable per GN 04440.236A.3. in this section; return the CEF to the adjudicating component for corrective action (unless the review component chooses to prepare a corrected notice).

If you choose to return the case:

• Prepare an SSA-847-U3 (SSA Request for Case Action);

• Ask the adjudicating component to correct the notice and release the case to the appropriate component for effectuation of the determination; and

• Advise the adjudicating component that you are not charging a deficiency.

In addition, if in the judgment of the OQR field manager, the adjudicating component is frequently adjudicating cases with notice TCAs, as described in GN 04440.236A. in this section, return the case to the adjudicating component to correct the notice TCA.

D. Procedure for handling notices for the blind or visually impaired

Claimants, recipients, and representative payees who allege a visual impairment must be given the opportunity to elect how they want to receive SSA notices. A SNO is a notice format (e.g., Braille) other than standard print. Applicants, beneficiaries, recipients, and representative payees who are blind or visually impaired may receive notices and other communications (e.g., pamphlets) from SSA in SNO.

Cases with a SNO selection contain a SNO indicator for electronic cases, or a SNO flag for paper cases. For instructions on handling cases with a SNO indicator, see Cases Involving Special Notice Options (SNO) GN 04440.030.

If there is no SNO indicator present, regardless of the presence of a visual impairment diagnosis, the individual receives a standard print notice by first class mail.

E. Procedure for releasing notices

Release the date-stamped notice (either the notice prepared by the adjudicating component or the corrected notice prepared by the review component) at the conclusion of your review. Be sure to send copies of notices to the appropriate authorized representative (e.g., attorney or non-attorney representative) if there is a representative.