TN 5 (12-92)

Citations:

Social Security Act - Sections 205(c)(5)(A) and 205(c)(5)(B)

POLICY

1. Application for Monthly Benefits

An application for monthly benefits includes applications for DIB, HIB, SSI and LSDP. SSI and HIB applications meet this exception since the applications state they are also applications for monthly insurance benefits.

That part of the E/R open to correction at the time of filing may be corrected up until the time a final determination or decision is made on any earnings issue, rather than the time the claimant is notified of the determination made on his/her claim.

This usually happens when a claim is partially adjudicated because earnings development for a particular year is continuing.

2. Written Request for Revision

The item(s) alleged to be incorrect and open to correction when a written request was filed may be corrected up to the time the decision on the request becomes final.

3. Applications Excluded

Applications for SMIB, DIB freeze or one restricted to HI benefits only, are excluded. If an application is restricted to HI only it is not an application for monthly benefits.

4. Relation to Administrative Finality

A decision concerning an application for benefits may be reopened under the rules of administrative finality (see GN 04001.010) even if the decision on the E/R correction or change has become final. Conversely a decision concerning the correction of a E/R may be reopened under the rules of administrative finality even if the decision concerning the application for benefits has become final (see RS 02201.034).