POMS Reference

RS 02201: Statute of Limitations - Procedures

TN 5 (12-92)

Citations:

Social Security Act - Section 205(c)(5)(C)

POLICY

We can correct an E/R after the expiration of the time limitation where there is a mechanical, clerical or other error apparent on the face of SSA's record.

The error must be one we can determine without going beyond SSA's records as they were before the time limitation expired.

1. When to Correct E/R

An E/R may be corrected at any time if:

  1. Evidence of record, anywhere in SSA, clearly shows that the posting is erroneous; or

  2. The record was previously revised after the expiration of the time limitation because an exception applied, but it is later found that at the time the determination was made, other evidence of record within SSA clearly shows that this determination (posting or deletion) was wrong.

2. When Not to Correct E/R

Do not correct an E/R if additional information is needed to determine that the record is erroneous on its face.

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